Legislative Changes to 18.001 and What it Means to You
It’s fall in an odd-numbered year and that means only one thing in Texas–lawyers have a whole host of new and updated rules to learn after the recent legislative session. One of the most substantive changes occurred in Chapter 18.001 of the Civil Practice and Remedies Code. In the good…
Calculating Supersedeas Security
If a party to a lawsuit wants to appeal the trial court’s judgment, it has to post security in the form of a supersedeas bond to suspend enforcement of the judgment during the appeal. In Top Cat Ready Mix, LLC v. Alliance Trucking, LP, et al., the Texas Fifth District…
Robert Garrey Joins Saunders Walsh and Beard as a New Partner
New Litigation Attorney Joins Collin County Firm Saunders, Walsh & Beard is happy to announce the addition of Mr. Robert “Bob” Garrey as a Partner. Bob’s business litigation expertise consists of trying cases in state and federal court in Texas and across the nation involving a broad range of commercial,…
Warning to Restoration Contractors and Roofers: The Old Way of Doing Business is Over.
On August 3, 2017, the 2nd District Court of Appeals in Fort Worth granted class certification against Lon Smith Roofing (LSRC), a prominent North Texas Roofer, for violation of the Texas Public Insurance Adjusting Act. Given the direction the courts in North Texas have gone in the past few years,…
SWB Wins Insurance Coverage for Clients in Federal Court
Congratulations to our firm’s clients, Phil and Susan Swartztrauber, for winning a court order obtaining insurance coverage against Travelers Casualty and Surety Company of America. The case was handled by Alex Beard. The Swartztraubers were board members of their Home Owners Association (HOA), and were sued for alleged defamation in…
Notice of Nonsuit – An Order is Necessary
Although a Motion for Nonsuit or a Notice of Nonsuit is effective immediately upon filing, there must still be an order formally dismissing the case. Texas Rule of Civil Procedure 162 reads as follows: At any time before the plaintiff has introduced all of his evidence other than rebuttal evidence,…
The Eagle Has Landed
There is nothing like Fall football, especially in Texas. As a native Texan, one of my favorite sayings is “everything is bigger and better in Texas.” The Allen football stadium is no exception. Last year, deficiencies were discovered that resulted in the closure of Allen’s $60 million Eagle Stadium. Since…
Thanksgiving Jurisprudence
While few lawyers are filing lawsuits the week before Thanksgiving, the holiday does give rise to some interesting cases. I have compiled a small list of interesting legal entanglements that reference Thanksgiving in one shape or form. Whether you will laugh or cringe, I am not quite sure, but here…
Rule 202 Pre-Suit Depositions
A couple of years ago, a client came to me for assistance. He suspected that his financial advisor was not being honest with him. After looking through his documents, I had a lot of questions that needed to be answered, but I did not have enough to justify a lawsuit. …
How to Obtain a TRO in Collin County: E-Filing and New Local Rules
E-filing and the adoption of new local rules has changed how you go about obtaining a temporary restraining order (“TRO”) in the Collin County District Courts. I will not tell you how to comply with the applicable rules and statutes clearly set forth in the Texas Rules of Civil Procedure[1]…