Notice of Nonsuit – An Order is Necessary

August 31, 2016

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,…

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

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November 14, 2014

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…