For the week of March 14, 2011, the Dallas Court of Appeals issued fifteen opinions in civil cases. Nine 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 six cases are as follows:
Amer v. Rozicki (05-09-01244-CV) – Recites well-established (1) elements of a bill of review action; and (2) rule that a request for findings of fact does not extend the time for perfecting an appeal of a judgment rendered as a matter of law.
ECF N. Ridge Assocs., L.P. v. Orix Capital Mkts., L.L.C. (05-09-00066-CV) – Recites well-established (1) definition of “all-risk insurance”; and (2) definition of “certified terrorism insurance.”
Klingenschmitt v. Weinstein (05-10-01149-CV) – Recites well-established rule that a special appearance be filed before any other plea, pleading, or motion.
HSBC Bank, N.A. v. Khyber Holdings, L.L.C. (05-10-00220-CV) – Recites well-established (1) requirements of a restricted appeal; and (2) rule that a default judgment must be supported by the pleadings.
McAfee, Inc. v. Weiss (05-09-01102-CV) – Recites well-established standard for reviewing an order denying a motion to seal.
Primary Media, Ltd. v. City of Rockwall (05-09-01116-CV) – Recites well-established (1) rule that a recitation that an affiant has personal knowledge of the facts stated in his affidavit does not convert unsupported conclusions into admissible evidence; (2) rule that new and independent summary judgment grounds cannot be raised in a reply to a response to a motion for summary judgment; (3) holding that courts use the same rules when construing municipal ordinances as they use when construing statutes; and (4) rule that statutory construction is a matter of law.