Records from someone else’s business, such as a bank, can be admitted under the business records exception to the rule against hearsay based on just the customer’s testimony in some circumstances. A June 20025 opinion from the Dallas Court of Appeals upheld the trial court’s admission of copies of three cashier’s checks which the wife […]
The three day deadline to serve a notice of hearing is calculated by not counting weekends and holidays, so in situations where no holiday is involved, the deadlines are: Hearing is on…. Deadline to e-serve notice of hearing is… Monday Prior Wednesday Tuesday Prior Thursday Wednesday Prior Friday Thursday Prior Monday Friday Prior Tuesday These […]
A lawyer cannot bill her client for the time spent preparing a motion to withdraw from the client’s case. Lee v. Daniels & Daniels, 264 S.W.3d 273, 278 (Tex. App.-San Antonio 2008, pet. denied). In that case, the attorney’s engagement letter said the client would,”pay for all time spent, costs and expenses incident to withdrawal […]
You do not need a transfer or an assignment from the Administrative Judge to allow another judge in the courthouse to sign an order for you if the judge of the court where your case is pending is not available (assuming the clerks and the other judge cooperates). Texas Government Code Sec. 79.094 says: Sec. […]
Family attorneys often deal with causes of action that do not arise under the Family Code. For example, one spouse might sue the other spouse as part of a divorce for assault or breach of fiduciary duty. A new Texas Rule of Civil Procedure 91a applies to all cases, including those pending on March 1, […]
In court, attorneys should properly refer to the parties and witnesses as “Mr. Smith “ or “Dr. Green” or “Ms. Olivares.” Lawyers should not refer even to their own clients by just their first names in court. Attorneys often seem to forget that formality and decorum and politeness (not to mention civility) are both expected […]
Here, a court in Montgomery County entered a paternity order in 2005. In 2005, the mother’s ex-husband filed a modification suit seeking custody. The mother was served and the father signed an affidavit of relinquishment of parental rights. The case was transferred to Brazoria County and a default order was entered against the mother. The […]
An appellee bears the burden of proving that an appellant is estopped from challenging the judgment by appeal under the acceptance-of-benefits doctrine. When the doctrine applies, an appeal is rendered moot and the appeal should be dismissed. The doctrine does not apply when (1) acceptance of the benefits is because of financial duress or other […]
