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FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION JOSEPH VAN LOON, et al., § § Plaintiffs, § § v. § 1:23-CV-312-RP § DEPARTMENT OF TREASURY, et al., § § Defendants. § ORDER Before the Court are cross-motions for summary judgment filed by Plaintiffs Joseph Van
8 sie 2021 · Governed by TRCP 166a, there are two types, the Traditional Summary Judgment and the No Evidence Summary Judgment. Tex. R. Civ. P. 166a. According to the Texas Supreme Court, a summary judgment is appropriate if reasonable people agree with the conclusion based on the evidence of the case.
27 sie 2024 · Rule 166a - Summary Judgment (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
After In re McAllen Medical Center, Inc., the court granted mandamus relief in In re USAA to order a trial court to grant summary judgment based on a statute of limitations defense.13 The extraordinary circumstances in In re USAA that justified mandamus relief were: (1) a previous trial by a trial court without jurisdiction, (2) an appeal to an ...
2 wrz 2021 · new rules and forms to permit judgment debtors to more effectively raise exemptions in garnishment and turnover receiver proceedings. • The new rules must be implemented by May 1, 2022.
Below are summaries of cases set for oral argument during the Supreme Court of Texas' 2024-2025 court term. The summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements.
Summary Judgment Evidence— Substance vs. Form. Summary Judgment Evidence, Ch. 6, has been updated with significant decisions and additional analysis on the con-tinuing debate over defects in the form of summary judgment proof versus defects in the substance of proof for purposes of preservation of error. Finality.
