Don’t “Waive” Goodbye to Your Personal Jurisdiction Challenge


In the law, “waiver” is defined as the voluntary relinquishment of a known right. Lawyers waive defenses and legal argument in courts more often than you might think. Sometimes it’s intentional, and sometimes it’s not. Sometimes it’s the result of the lawyer’s mistake. A lawyer forgets to raise a defense, or simply overlooks one.

Dallas Court of Appeals Imposes Sanctions for Frivolous Appeal of Special Appearance

Dallas COA

In a rare move, the Dallas Court of Appeals has levied sanctions against a party for filing a frivolous appeal of a trial court’s order denying that party’s special appearance.  In Estate of Deuel-Nash, 2014 WL 5581044 (Tex. App. – Dallas 2014, n.p.h.), the defendant (Nash) in a probate proceeding filed a plea to the jurisdiction (which is different from a special appearance contesting personal jurisdiction) and later filed a “motion to nonsuit” the plea to the jurisdiction.  The defendant also served a non-party with a subpoena.  The defendant thereafter failed to produce documents in response to a demand from the plaintiff, prompting the trial court to issue an order to the defendant to appear and respond to the plaintiff’s motion to show cause.  In response to that order, the defendant filed a special appearance, contesting the probate court’s jurisdiction over him.

Be Careful Where You Vacation: Personal Jurisdiction Based on Physical Presence


My family spent this past 4th of July weekend at a bed and breakfast in Granbury, Texas. We haven’t done any “small town” Texas vacations, and this seemed about as good an opportunity as any. Granbury puts on a great celebration of our nation’s birthday in its town square. A big parade, huge fireworks show, vendors on the square (yes, more food trucks, and with Cajun food!) and craft beer from a local brewery. Oh, and Babe’s Chicken Dinner House. For a brief getaway to celebrate the 4th, it doesn’t get much better than that.


I was raised in the deep South during the 1970’s. One of my all-time favorite movies, which was filmed during that same time period and at a location not too far from where I grew up, is Deliverance. It tells the story of four men who go on a river rafting trip down the Chattooga River, only to run into some mountain men who don’t exactly welcome them with open arms. In the most famous scene (“squeal like a pig”) one of the mountain men rapes a member of the group. But the scene that sticks with me the most is the one that immediately follows.

Food Trucks: Cooking Up a Jurisdictional Dispute

foodtruckI love food trucks. They’re just cool. It’s no wonder they’re the latest craze among foodies. Most of them put out surprisingly good fare (not just street tacos, but all types of cuisine) and what’s really nice is they often come to you. But before there was social media, you never knew where a food truck was going to be. Now with Twitter and other social media, you can know where a particular food truck will be at any given time. There are even apps to help you find them.

Since I’m a big fan of food trucks, I couldn’t wait to see the new movie Chef. It tells the story of a renowned chef at a Los Angeles bistro who’s getting ready for a big night because a famous food critic is coming to review his latest work.