By: Troy Hornsby, Miller, James, Miller & Hornsby, L.L.P., Texarkana

INTRODUCTION

In probate proceedings, parties have additional appellate avenues available which are not available in other proceedings. In a probate proceeding, a party can use appellate mechanisms available in other cases such as an appeal to a court of appeals from a final judgment Continue reading →

By: Troy Hornsby, Miller, James, Miller & Hornsby, L.L.P., Texarkana

INTRODUCTION

Under the “American Rule”, each party to litigation is generally responsible for their own attorney fees. Camachov. Texas Workforce Comm’n, 445 F.3d 407 (5th Cir. 2006) (citing
Buckhannon Bd. & CareHome, Inc. v. W Va. Dep’t Health & Human Res., 532 U.S. 598, 602 (2001)). However, in some circumstances, federal law can serve Continue reading →

By: Troy Hornsby, Miller, James, Miller & Hornsby, L.L.P., Texarkana

I. INTRODUCTION

Parties may generally appeal only from a final judgment. Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Traditionally, there is only one such final appealable judgment. See TEX. R. Civ. P. 301. Therefore, a party cannot appeal interlocutory rulings unless there is a specific legislative grant of jurisdiction to do so. New York UnderwritersIns. Co. v. Sanchez, 799
S.W.2d 677, 679 (Tex. 1990) (per curiam). Continue reading →

By: Troy Hornsby, Miller, James, Miller & Hornsby, L.L.P., Texarkana

Under the “American Rule”, each party to litigation is responsible for their own attorney’s fees. See Turner v. Turner, 385 S.W.2d 230, 233 (Tex. 1964). However, in Texas, under some statutes and situations a party can recover their attorney’s fees, see Knebel v. CaptialNat’l Bank, 518 S.W.2d 795, 804 (Tex. 1974), which may include appellate attorney’s fees. Mid City Rental v. Miner-Dederick, 583 S.W.2d 428, 433 (Tex. Civ. App.-Beaumont 1979), rev’d on other grounds, 603 S.W.2d 193 (Tex. 1980). Continue reading →