For the week of October 11, 2010, the Dallas Court of Appeals issued nine opinions in civil cases. Six 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 three cases are follows:
In re B.A.T. (05-10-00593-CV) – Recites well-established rule that timely filing of a notice of appeal is jurisdictional.
In re Bolton (05-10-01115-CV) – Recites well-established (1) rule that, if a judge is subject to disqualification, any orders rendered by that judge are void; (2) rule that, if a judge is subject to recusal, orders rendered by that judge are not void but rather voidable; (3) rule that recusal of a judge can be waived; and (4) rule that, if a judge acts without statutory or procedural authority, the judge’s actions are not void but rather voidable and any such error can be waived.
City of Wilmer v. Northwind Props., Ltd. (05-10-00309-CV) – Recites well-established rule that parties may not use an appeal of a temporary injunction ruling to get an advance ruling on the merits.