For the week of February 14, 2011, the Dallas Court of Appeals issued twenty-one opinions in civil cases. Nineteen 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 two cases are as follows:
In re K.N.K. (05-10-01053-CV) – Recites well-established (1) rule that, unless an interlocutory appeal is specifically authorized by the constitution or a statute, an appellate court has jurisdiction only over appeals taken from final judgments; and (2) holding that, with the exception of an order appointing a receiver, an interlocutory order in a family law case is not appealable.
Stone v. Midland Multifamily Equity REIT (05-09-00856-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; (2) rule that a defect in the substance of an affidavit may be raised for the first time on appeal; (3) rule that a defect in the form of an affidavit must be objected to in the trial court; (4) holding that the failure to obtain a ruling from the trial court on an objection to the form of an affidavit waives the objection; (5) holding that an objection that an affidavit contains hearsay is an objection to the form of the affidavit; and (6) rule that an affidavit must disclose the basis on which the affiant has personal knowledge of the facts asserted.