In its orders this week, the Texas Supreme Court issued one new opinion. The court also granted review in two cases. Click here to see the weekly orders.
The new opinion is in Mabon Ltd. v. Afri-Carib Enters., Inc., with the Supreme Court holding that the trial court properly granted a bill of review that was filed to set aside a post-answer default judgment. The court held that the petitioner proved that it had no timely notice of the trial setting and the default judgment, and that the court of appeals erred in requiring the petitioner to also prove that it had diligently monitored the status of the case. Click here to read the opinion.
The court granted review in a case involving a liquidated-damages clause in a contract.
The court also granted review in Felton v. Lovett, which involves expert testimony to establish a chiropractor's alleged duty to obtain informed consent. (Full disclosure -- I represent the respondent in this case.)
-- Scott Stolley, Thompson & Knight
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