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Rules of Civil Procedure Reversal

Saiber LLC

The Saiber Construction Law Column: May 2025

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Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers. Failing to comply with court rules and procedures can lead to serious and potentially costly...more

Winstead PC

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

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In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

Husch Blackwell LLP

Missouri Court of Appeals Reverses $700,000 Post-Judgment Interest Award in Wrongful Death Case

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In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment....more

Winstead PC

Court Reverses Temporary Injunction Order Where The Order Failed To Include Reasons For Its Issuance And A Trial Date

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In Quintanilla v. De La Rosa, a defendant appealed the trial court’s issuance of a temporary injunction enjoining her from withdrawing money from a bank account that belonged to a decedent.  No. 13-20-00575-CV, 2021 Tex. App....more

Winstead PC

Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust

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In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues. No. 08-18-00074-CV, 2019...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

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In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

Winstead PC

Court Reversed A Finding Of Breach Of Fiduciary Duty (And $470,000,000 Judgment) Because No Partnership Ever Existed Due To The...

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In Enterprise Prods. Partners, L.P. v. Energy Transfer Partners, L.P., the jury found Enterprise Products Partners, L.P. (“Enterprise”) was in a general partnership with Energy Transfer Partners, L.P. (“ETP”) regarding a...more

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