Search for: "Court of Appeals, 5th District"
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1 May 2012, 12:58 pm
CITY OF ALACHUA, Appellee. 1st District.Appeals -- Dismissal -- Contempt -- Where trial court entered order of contempt based on appellants' willful evasion of discovery in aid of execution of final default judgment against them and appellants have failed to purge the finding of contempt and writ of bodily attachment, dismissal of their appeal is warranted, as a party in contempt of the trial court cannot seek to invoke the authority of a district… [read post]
1 Sep 2008, 9:46 am
CELLULAR ONE GROUP; from Dallas County; 5th district (05-04-01641-CV, ___ SW3d ___, 01-09-07) The Court affirms the court of appeals' judgment.Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, and Justice Willett joined. [read post]
25 Feb 2009, 6:46 am
Here, as one of several issues, the 9th found that the district court erred in allowing defendant's spouse to testify about communications, but it was harmless. [read post]
18 Nov 2008, 7:36 pm
The decision of the California Court of Appeals is here, and the post about the arguments for rehearing is here. [read post]
15 Sep 2017, 1:20 pm
(Note that the Az district courts have been taking a contrary position).The defendant was convicted of a felony in 2003 (lewd acts with a child). [read post]
3 Aug 2015, 7:21 am
Next, the Appellants filed an appeal with Florida’s Fifth District Court of Appeal. [read post]
23 Jan 2014, 6:20 am
This appeals court affirmed. [read post]
20 Aug 2021, 12:45 pm
We’ve all had emails incorrectly filtered into spam whether as a sender or receiver, and the 5th Circuit Court of Appeals’ recent decision not to reinstate the lawsuit provides a basic lesson in diligence particularly when related to critical deadlines, as relayed in a recent ABA Journal article: In the Home Depot case, the 5th Circuit said Allison “was plainly in the best position to ensure that his own email was working properly—certainly… [read post]
30 Nov 2009, 1:50 pm
On appeal, defendant argued that the court should have used the test for civil loss causation articulated in Dura Pharm., Inc v. [read post]
11 Oct 2014, 4:15 pm
The trial court’s dismissal of the lawsuit on immunity grounds was reversed by the First District Court of Appeal, which held Citizens is not immune from a bad faith claim because Citizens’ statutory immunity has an exception for “willful torts. [read post]
6 Sep 2019, 1:14 pm
The opinion issued (in a cause) has been cited numerous times by the 5th Circuit Court of Appeals and Texas appellate courts. [read post]
17 Dec 2014, 1:10 pm
Elevating Boats (“EBI”) appealed, contending that Naquin was not a Jones Act seaman, that the district court provided erroneous seaman status jury instructions, that the evidence was insufficient to establish EBI’s negligence, and that the district court erred in admitting evidence of Naquin’s cousin’s husband’s death. [read post]
8 May 2014, 9:59 pm
The trustee appealed that decision, and the owner of the defunct relator-contractor appealed the District Court’s substitution of the trustee for him in the case. [read post]
24 Aug 2021, 7:38 am
Circuit Court of Appeals and then served as a trial attorney in the environmental tort litigation section of the U.S. [read post]
30 Apr 2008, 12:51 pm
Phipps: Well, my attitude is, the [district court] judge got it right . . . . [read post]
3 Dec 2014, 10:45 am
A recently unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point. [read post]
7 Sep 2016, 8:33 am
The district court granted the employer’s motion and Patterson appealed the order. [read post]
1 Sep 2021, 11:26 pm
Court of Appeals for the 5th Circuit, which granted their request to put the remaining district-court proceedings, including an Aug. 30 hearing on the abortion providers’ request for a preliminary injunction, on hold. [read post]
17 Jan 2024, 6:00 am
Whether the district court properly granted preliminary relief. [read post]
21 Mar 2019, 10:47 am
Because of all this, the court of appeals didn’t reach whether INS v. [read post]
