The Difference between a Rule of Interpretation and a Canon of Construction
One evening, sitting by the fireplace, sipping on a cup of hot coco, I found myself musing on the subject of contract interpretation. I was pondering various active cases and my fading memory of my first year of law school when I had two revelations: 1) I am getting old,…
Top 5 Reasons Why I Love Being a Lawyer
In just about every publication aimed at the legal profession there will be an article about the joys of being a lawyer. In such articles, the lawyer will often tell a story about his or her humble beginnings and how, through hard work and determination, they were able to complete…
What is Quo Warranto?
Over the course of the past two months I have randomly come across the phrase quo warranto. The first time was the in the Texas Rules of Civil Procedure (Part VII, sec. 7) and the second time was in the Texas Civil Practice & Remedies Code (§§66.001 et seq.). I…
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,…
Dallas Court of Appeals Imposes Sanctions for Frivolous Appeal of Special Appearance
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…
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…