For the week of January 17, 2011, the Dallas Court of Appeals issued three opinions in civil cases. They are as follows:
Balestri v. Remax Realty (05-10-00611-CV) – Recites well-established (1) rule that a dismissal disposing of all claims and parties is final and appealable; and (2) rule that an order is not appealable if it strikes a party’s pleading, allows the party to amend, and provides for dismissal if no appeal is filed.
ECF N. Ridge Assocs., L.P. v. Orix Capital Mkts., L.L.C. (05-09-00066-CV) – Recites well-established (1) standard for reviewing legal sufficiency of evidence; (2) standard for reviewing legal sufficiency of evidence; (3) standard for reviewing whether trial court has subject matter jurisdiction; and (4) rule that, in interpreting a contract, court should give effect to all provisions so that none would be rendered meaningless.
Giron v. Baylor Univ. Med. Ctr. (05-09-00825-CV) – Recites well-established (1) standard for reviewing trial court’s decision on motion to dismiss health care liability claim based on deficient expert report; (2) factors considered when determining the reasonableness of attorneys’ fees; (3) rule that declaratory judgment suit is appropriate only if a justiciable controversy exists as to the rights of the parties and the controversy will be resolved by the declaration sought; (4) definition of “justiciable controversy”; and (5) rule that a personal representative, administrator, or heir may sue on behalf of an estate.