Karl Bayer's Disputing Blog » Third Court of Appeals

Recalcitrant Registered Agents

By Rob Hargrove - August 24, 2006

The Third Court of Appeals issued an interesting memorandum opinion this morning affirming a trial court’s default judgment in a case where a registered agent refused to accept service of process in a premises case. In the underlying case, the plaintiff hired two separate process servers who tried unsuccessfully to serve a restaurant’s registered agent, both personally and via certified mail (the certified mailings were returned marke

Sovereign Immunity Procedure

By Rob Hargrove - August 18, 2006

The Third Court of Appeals has released an opinion on an interlocutory appeal which clearly sets forth the rule that in enacting the Whistleblower Act the Texas Legislature waived immunity from both suit and liability, and that a governmental entity is not entitled as a matter of right to an evidentiary hearing on a plea to the jurisdiction on sovereign immunity grounds. First, some quick background. The Texas Supreme Court has held that sovereig

ADR in Family Law Cases

By Rob Hargrove - August 4, 2006

We don’t do family law, at least as advocates, so this blog typically does not address opinions in family law cases, but this morning the Third Court of Appeals handed down an opinion that seems worth mentioning, as the Court took the time to mention the deference that is to be given to mediated settlement agreements, and unusual dispute resolution mechanisms that may be embodied therein. The case stems from a 1998 mediated divorce. The dec

The Doctrine of Ecclesiastical Abstention

By Rob Hargrove - May 11, 2006

This morning, the Third Court of Appeals released an opinion reviewing a Travis County trial court decision to dismiss certain claims against an Oak Hill church for lack of subject matter jurisdiction, based on the ecclesiastical abstention doctrine, which in turn stems from the First Amendment to the U.S. Constitution. The Third Court of Appeals, after presenting a fairly detailed discussion of the doctrine (and, in turn, of the historical relat

Friday, April 7, 2006

By Rob Hargrove - April 10, 2006

On Friday, the Third Court of Appeals issued an opinion in an accelerated appeal of a trial court’s denial of a special appearance, finding that the appellants in question did not have, in their individual capacities, sufficient contacts with the State of Texas to be subject to a Travis County District Court’s personal jurisdiction. The case involved a California corporation’s breach of a commercial lease of some Austin office s

Friday, March 31, 2006

By Rob Hargrove - April 4, 2006

This past Friday, the Third Court of Appeals issued an opinion in a post-divorce fraud case which sets forth a nice statement of the law on collateral attacks in Texas. In 1993, a Timothy Chambers and his father created a Texas partnership to develop a piece of real estate. They hired attorneys to draft the paperwork, which established that Mr. Chambers’ interest was to be his separate property, a gift from his parents. In 1997, Mr. Chamber

Thursday, March 30, 2006

By Rob Hargrove - March 30, 2006

This morning, the Third Court of Appeals issued an opinion in a fascinating case, from a procedural perspective. Jeffrey Kendziorski obtained a judgment for fraud from a Comal County justice court against a Robert Marshall. The $2,760.50 judgment was for compensatory damages and court costs, but not for exemplary damages. Mr. Marshall appealed the judgment de novo to the Comal County Court at Law and posted a $5,521.00 surety bond (Rule 571 requi

The State Waives Sovereign Immunity from Counterclaims when it Sues

By Rob Hargrove - March 17, 2006

This morning, the Third Court of Appeals issued an opinion clearly setting forth the extent to which a division of the state waives sovereign immunity when it sues a private party. In this case, the State of Texas sued a traffic light manufacturer for breach of contract, breach of warranty and quantum meruit. The traffic light company counterclaimed for business disparagement, and the State filed a plea to the jurisdiction with respect to the cou

Friday, February 3, 2006

By Rob Hargrove - February 3, 2006

This morning, the Third Court of Appeals affirmed a Travis County trial court decision to grant a summary judgment in favor of the Comptroller’s office in a putative class action case which alleged that the Comptroller’s failure to pay interest on property returned to Texans under the Unclaimed Property Act constituted a taking. While the court’s analysis of the Unclaimed Property Act is perhaps not of general interest, the opin

Friday, January 13, 2006

By Rob Hargrove - January 16, 2006

On Friday, the Third Court of Appeals handed down an opinion on a petition for writ of mandamus holding that a Burnet County judge abused his discretion in failing to compel arbitration of a breach of contract claim brought by a partner and his wife against a partnership. The Court held that, under Federal Arbitration Act analysis, Texas law governs questions of whether a valid arbitration clause exists and whether the claims asserted fall within