Helping Trial Lawyers Navigate the Appellate System

Texas Supreme Court Orders & Opinions 5/23/08

The Texas Supreme Court issued two decisions with today’s regular orders.

In Providence Health Center v. Dowell (No. 05-0386) (consolidated with Petit v. Dowell (No. 05-0788)), a negligence action against emergency-room personnel for failing to prevent a suicide, the Court concluded that any connection between releasing the patient and the patient’s death was too attenuated for proximate cause.  The Court therefore reversed and rendered a take-nothing judgment.

In In re Team Rocket, L.P. (No. 06-0414) (orig. proceeding), the Court held that, once a trial court rules on the merits of a motion to transfer venue, a plaintiff cannot avoid the ruling by nonsuiting the case and re-filing in another county.

D. Todd Smith
About the Author

D. Todd Smith is an Austin-based civil appellate specialist who works with trial teams from the earliest stages of litigation. In trial courts, he takes the lead on strategic analysis and briefing, jury charges, and potentially dispositive motions, all with a focus on preserving error and positioning cases for appellate review.

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