For the week of January 10, 2011, the Dallas Court of Appeals issued fourteen opinions in civil cases.  Nine of these dispose of a case without a detailed discussion of the merits (e.g., dismissing a case for want of prosecution, dismissing a case for mootness, dismissing a case pursuant to settlement).  The remaining five cases are as follows:

Alim v. KBR (05-09-00395-CV) – Recites well-established holding that a neutral arbitrator exhibits evident partiality if he does not disclose facts that might, to an objective observer, create a reasonable impression of the arbitrator’s partiality.

Brown v. Ogbolu (05-09-00371-CV) – Recites well-established (1) elements which must be established in a restricted appeal; (2) rule that evidence which was not before the trial court prior to final judgment may not be considered in a restricted appeal; (3) holding that civil procedure rule does not require the date or manner or service to be included in a certificate of service; (4) elements of breach of contract claim; (5) definition of “benefit-of-the-bargain measure” of damages; and (6) rule that it is impermissible for a default judgment to award damages exceeded the damages pleaded.

Conquest v. Spencer (05-09-00942-CV) – Recites well-established rule that a party may extend post-judgment time line if, among other things, the party proves that it received notice of the judgment more than twenty but less than ninety-one days after it was signed.

Dallas County v. Cedar Springs Invs., L.L.C. (05-10-00443-CV) – Recites well-established rule that taxpayers in Texas have standing to seek to enjoin the illegal expenditure of public funds and need not demonstrate a particularized injury.

Webb v. Stockford (05-08-01330-CV) – Recites well-established (1) elements of a legal malpractice claim; (2) standard for reviewing trial court’s judgment notwithstanding the verdict; (3) definition of “misrepresentation”; and (4) holding that silence may be equivalent to a false representation only when the particular circumstances impose a duty on the party to speak and he deliberately remains silent.