Texas Case Summaries

Civil Procedure

Texas 2nd Court of Appeals, Appellate Procedure, Civil Procedure, Oil & Gas, Real Estate

Atmos Energy v. DPC Parker Properties — Order Enforcing Rule 11 Settlement Does Not Function as a Temporary Injunction and Is Not Subject to Interlocutory Appeal

The Fort Worth Court of Appeals dismissed Atmos Energy’s interlocutory appeal of a trial court order enforcing a Rule 11 mediated settlement in an eminent-domain dispute, holding that the order did not function as a temporary injunction because it compelled performance based on the parties’ own agreement rather than any merits determination.

Texas 13th Court of Appeals, Civil Procedure, professional-liability

Melden & Hunt v. Cantu — Citing the Certificate-of-Merit Statute and Promising a Future Affidavit Does Not Satisfy Texas’s Contemporaneous-Filing Requirement

The Thirteenth Court of Appeals held that an original petition that cites Texas Civil Practice and Remedies Code § 150.002(c) and promises a forthcoming certificate of merit does not substantially comply with the contemporaneous-filing requirement for professional-negligence claims against engineers, requiring reversal and remand for a determination on prejudice.

Texas 13th Court of Appeals, Appellate Procedure, Civil Procedure, Municipal Law

City of Edinburg v. Texas Cordia Construction — City Cannot Block Contractor’s Immunity Evidence by Limiting Its Jurisdictional Challenge to Pleadings

The Thirteenth Court of Appeals held that a city cannot bar a contractor from presenting jurisdictional evidence by framing its plea to the jurisdiction as a pleadings-only challenge, and that amounts owed under a termination-for-convenience clause are “due and owed” within the Texas Local Government Code’s immunity waiver.

Texas 13th Court of Appeals, Appellate Procedure, Civil Procedure, Contract Interpretation, Insurance Coverage

In Re Germania Farm Mutual — Texas Appeals Court Compels Insurance Appraisal Despite Insurer’s Full Claim Denial

The Thirteenth Court of Appeals conditionally granted mandamus compelling appraisal in a homeowner's insurance dispute, holding that Germania's outright claim denial did not preclude appraisal and that the policyholder failed to establish waiver or prejudice from any delay in demanding the process.

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