Category Archives: Blog

Borrowing from Mandamus Practice:  Texas Rule of Appellate Procedure 34.5a

   Recently, the Texas Rules of Appellate Procedure were amended to include Rule 34.5a.  See Tex. [...]

Don’t Miss the Boat – Timing Your Appeal

   Not satisfied with the decision of a judge or jury?  Don’t wait.  Ordinarily, the [...]

Top Ten Reasons to Plan Your Estate Now – Number Three

If you have a special needs child, do you have a plan in place that [...]

Assumption of Risk in Texas: A Very Brief Introduction

Assumption of risk was once an affirmative defense in Texas tort cases. When successfully asserted, [...]

Texas Construction Contracts: Pay-When-Paid or Pay-If-Paid?

There is a big difference between so-called “pay-when-paid” clauses and “pay-if-paid” clauses. Pay When Paid [...]

The Foreclosure Process in the Probate Context

This article was originally published in the Advocate The Advocate (Texas) – Symposium on Decedents and Ward [...]

No Tort Liability of Project Architect for Economic Damages Suffered by Contractor or Subcontractor

LAN/STV v. Martin K. Eby Const. Co., Inc., 11-0810, 2014 WL 2789097 (Tex. June 20, [...]

An Overview of Collateral Estoppel in Adversary Proceedings

Collateral estoppel applies to adversary proceedings. The doctrine of collateral estoppel or issue preclusion provides [...]

Texas Franchise Tax Challenged

The Texas Supreme Court heard arguments this week in a case that could have significant [...]

Update: Arbitration Provision in Trust Enforceable

In Rachal v. Reitz, No. 11-0708, 2013 WL 1859249 (Tex. May 3, 2013), the Texas Supreme [...]