For the week of July 5, 2010, the Dallas Court of Appeals issued seven opinions in civil cases. Two 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:
Greenville Surgery Ctr., Ltd. v. Beebe (05-08-01045-CV) – Recites well-established (1) standard for reviewing traditional summary judgment; and (2) standard for reviewing statutory construction.
Rawlins v. Weaver (05-09-00090-CV) – Recites well-established (1) rule that appellate jurisdiction is never presumed; and (2) holding that a probate court’s order authorizing sale of real estate is an interlocutory order.
Rone Eng’g Serv., Ltd. v. Culberson (05-09-00814-CV) – Recites well-established (1) rules governing restricted appeals; (2) principle that default judgment be supported by a record showing strict compliance with rules governing services of process; (3) rule that, when attempted services of process is invalid, trial court does not have personal jurisdiction over the defendant; and (4) definition of “misnomer”.
Smith v. Shipp (05-09-01204-CV) – Recites well-established (1) definition of “restricted appeal”; and (2) rule that, when a court signs an order of dismissal, the clerk is required to give immediate notice to the parties or their attorneys by first class mail.
In re Thomas (05-10-00753-CV) – Recites well-established rule that court of appeals does not have mandamus jurisdiction over a court clerk.