Smith Law Group, P.C.

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved…more

In This Presentation: - Overview: • The "right" result on appeal depends on your perspective, but several factors go into reaching a principled appellate decision. • Our discussion will examine some…more

The Texas Supreme Court has issued an order correcting some of its recent amendments to the Texas Rules of Appellate Procedure. The most notable correction involves the certificate-of-compliance requirement regarding the new…more

I recall discovering my first unpublished case as a law student when interning for an intermediate appellate court justice. Strangely, a legend accompanied the opinion disclaiming precedential value, which seemed odd considering…more

A lawyer heading into a trial-court hearing should draft a favorable order and have it on hand in case the judge is inclined to rule then and there. In addition to being efficient and good for client relations, getting that kind…more

Over the past week, I have attended two CLE events featuring a panel of appellate judges. At the 29th Annual Litigation Update Institute, Chief Justice Wallace Jefferson, Justice Paul Green, and Justice Debra Lehrmann…more

Appellate work is very time-and labor-intensive. Because it’s difficult to work on more than one matter at a time, appellate lawyers often rely on extensions of briefing deadlines to manage workloads. Texas appellate courts are…more

As promised yesterday, this post will cover what a certificate of compliance under the new word-count rules might look like, now that every computer-generated document filed in a Texas appellate court on or after December 1,…more

A trial lawyer poses the following question: Do you know for sure whether the new appellate rules are going into effect December 1? Any thoughts on whether an appeal filed on November 29 (but not actually due until December…more

Governor Perry has announced the appointment of Jeffrey S. Boyd (pictured) to fill the Texas Supreme Court seat vacated by former Justice Dale Wainwright. …more

With some notable exceptions, yesterday was a good day for incumbents running for re-election to the Texas appellate courts. Texas Supreme Court Justices Nathan Hecht and Don Willett retained their seats. Though not an…more

Justice Wainwright’s recent departure from the Texas Supreme Court has raised an interesting question. As presented to me by a colleague, it goes like this: Without Justice Wainwright, what happens if the Court is split…more

Like sportswriters and weathercasters, appellate lawyers are constantly asked to make predictions. Just about every potential appellant who who contacts our firm (directly or through their trial counsel) has three basic…more

The Texas Supreme Court has issued an order incorporating word counts into the Texas Rules of Appellate Procedure. The order amends Rules 9, 38, 49, 52, 53, 55, 64, 68, 70, and 71. Some highlights of the amendments include (for…more

I was so preoccupied with last week's State Bar Annual Meeting that I overlooked a significant development relevant to Texas appellate practitioners: the release of a uniform docketing statement for the intermediate courts of…more