Dallas Court of Appeals cases for the week of October 31, 2011

For the week of October 31, 2011, the Dallas Court of Appeals issued eighteen opinions in civil cases.  Fourteen 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 four cases are as follows:

Dallas County v. Logan (05-11-00480-CV) – Recites well-established (1) standard for reviewing whether trial court had subject matter jurisdiction; and (2) rule that, under the common-law doctrine of sovereign immunity, the state cannot be sued without its consent.

Milwee-Jackson Joint Venture v. Dallas Area Rapid Transit (05-08-01164-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; (2) standard for reviewing traditional summary judgment; (3) rule that, when both traditional and no-evidence summary motions for summary judgment are at issue, appellate court reviews no-evidence summary judgment first; (4) standard for reviewing whether access to property has been materially and substantially impaired; (5) statute of limitations applicable to inverse condemnation claims; (6) rule that sovereign immunity deprives a trial court of subject-matter jurisdiction for lawsuits in which the State or certain governmental units have been sued unless the State consents to suit; (7) rule that immunity from liability is an affirmative defense; and (8) elements of a “takings claim.”

Payberah v. Payberah (05-10-01098-CV) – Recites well-established (1) definition of the term “waiver”; and (2) rule that a reply brief may not be used to raise new issues on appeal.

Pediatrix Med. Group, Inc. v. Robinson (05-10-01546-CV) – Recites well-established standard for reviewing trial court’s decision with respect to expert reports required for health care liability claims.

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