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8 Nov 2017, 8:53 am by Sansone / Lauber Trial Lawyers
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in that statement. [read post]
20 Oct 2011, 1:55 pm by WOLFGANG DEMINO
   The Declaratory Judgments Act cannot be used to obtain an advisory opinion, which Texas courts lack subject-matter jurisdiction to give. [read post]
6 Aug 2020, 1:37 pm
Martin, 321 S.W.2d 62, 65 (Tex. 1959) (“It is well settled that separate instruments executed at the same time, between the same parties, and relating to the same subject matter may be considered together and construed as one contract. [read post]
15 Feb 2010, 4:56 pm by B.W. Barnett
 As a practical matter, I would argue that you should serve subpoenas on all of your critical witnesses. [read post]
11 Aug 2011, 11:56 am by WOLFGANG DEMINO
P. 93(10) (“A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit[:] A denial of an account which is the foundation of the plaintiff’s action . . . . [read post]
22 May 2012, 11:54 pm by WOLFGANG DEMINO
Because the Estate failed to establish, as a matter of law, that the Amendment was a material alteration of the lease, the trial court erred by granting summary judgment for the Estate. [read post]
10 Dec 2011, 6:44 pm by WOLFGANG DEMINO
   ATTORNEY MALPRACTICE:  The fracturing-of-claims issue   Whether an attorney can be sued for something other than malpractice, i.e. professional negligence, is not a minor matter. [read post]
1 Aug 2011, 4:28 pm by WOLFGANG DEMINO
[ Defendant ] cited cases supporting its proposition that "before tort damages accrue from a contractual matter, liability must arise independent of the fact that a contract exists between the parties. [read post]
30 Jun 2010, 3:00 am by John Day
 The admissibility of expert testimony is a matter of law for the court, not the jury. [read post]