2. Notice of the Motion for Summary Judgment
“If a party receives notice that is untimely, but sufficient to enable to the party to attend the summary judgment hearing, the party must file a motion for continuance or raise the complaint of late notice in writing, supported by affidavit evidence, and raise the issue before the trial court during the summary judgment hearing.” Emmanuel v. Izoukumor, 611 S.W.3d 453, 456 (Tex. App.— Houston[14th Dist.] 2020).
3. Writ of Habeas Corpus in a Child Custody Case
A trial court’s order granting or denying a writ of habeas corpus in a child custody case is not appealable if the Family Code does not provide for an appeal. The Family Code does not provide for an appeal in such a habeas corpus proceeding, and the only available appellate remedy is a petition for a writ of mandamus. Maadani v. Ward, 611 S.W.3d 460, 461 (Tex. App.—Houston [14th Dist.] 2020).
4. Pleadings
We cannot use a liberal construction of the petition as a license to read into the petition a claim that it does not contain. Liberal construction can be used to amplify a pleading but not to create a claim. City of Dickinson v. Stefan, 611 S.W.3d 654, 662 (Tex. App.— Houston [14th Dist.] 2020).
5. Attorney Malpractice: Limitations
When an attorney commits malpractice in the prosecution or defense of a claim that results in litigation, the statute of limitations on a malpractice claim against that attorney is tolled until all appeals on the underlying claim are exhausted or the litigation is otherwise finally concluded. Zive v. Sandberg, P.C., 610 S.W.3d 44, 46 (Tex. App.—Dallas 2020).
6. Effect of Reversal on Appeal
The general rule is that an appellate reversal favoring an appealing party does not justify reversing the judgment as to other parties who did not appeal. But there is an exception to that rule when the rights of the appealing and non-appealing parties are so intertwined or dependent on each other as to require the entire judgment be reversed. Zive v. Sandberg, P.C., 610 S.W.3d 44, 50 (Tex. App.—Dallas 2020).
QUOTE OF THE MONTH
“The more I learn about people, the more I like my dog.” —Mark Twain
LEGAL QUOTE OF THE MONTH
“Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.” —Alexander Hamilton
TRADITIONAL IRISH LAW
The professional satirist who bestows an evil-tongued nickname on a tribesperson, such as “foul-breath,” “scabby-face,” or “dung honour” shall have his cows, horses, or gold jewelry seized for five days.
OLD NEWS
Stock Show on TV A rodeo show from the 62nd Southwestern Exposition and Fat Stock Show in Fort Worth was beamed on February 2, 1958, to a TV audience estimated at 50 million on NBC’s “Chevy Show.” Roy Rogers opened the hour-long program, riding into the Will Rogers arena on Trigger Jr. Rogers, Dale Evans, and “Gabby” Hayes then hosted the show from a fence rail. g
Other Associations’ News & Information Arlington Bar Association
Meets on the 3rd Wednesday of each month. President, Duncan Price. For location & information, email duncan@manesslaw.net.
Black Women Lawyers Association
For meetings and information, contact Marvina N. Robinson, President, at 817.884.1623 or mnrobinson@tarrantcountytx.gov.
Fort Worth Paralegal Association
General Membership Meetings are held at noon every 4th Thursday of the month at Joe T. Garcia’s, 2201 N. Commerce. FWPA Board of Directors meets at noon every 1st Tuesday of the month at the Bar Center. For more information, go to www.fwpa.org.
L. Clifford Davis Legal Association
(f/k/a/ Tarrant County Black Bar Association) holds its meetings on the 3rd Tuesday of each month at 6:00 p.m. For more information, contact President Angel Williams at 817.884.1830.
Northeast Tarrant County Bar Association (NETCBA)
Meets for CLE luncheons on the 3rd Tuesday of each month at La Hacienda Restaurant, Hwy. 121. Contact Cynthia Williams at 817.318.0523 or cynthia@cynthiawilliamslaw.com.
Tarrant County Criminal Defense Lawyers Association (TCCDLA)
Meets every 2nd Thursday at Joe T. Garcia’s, 2201 N. Commerce. For more information, contact President Gary D. Smart at 817.419.0023.
Tarrant County Family Law Bar Association
Meets at noon on the 4th Tuesday of each month, with location to be announced. For more information, contact president Dana Manry of KoonsFuller, P.C. at 817.481.2710 or dana@koonsfuller.com.
Tarrant County Probate Bar Association
Meets on the 1st Thursday of each month at the Petroleum Clubmembers free, guests $30. For more information, contact Beth Hampton at 817.334.0066 or bhampton@theblumfirm.com.
Tarrant County Trial Lawyers Association
Meets on the 4th Wednesday of each month at Joe T. Garcia’s. For more information, contact Rieker Carsey at 817.294.1900.
Texas Association of Defense Counsel
This civil defense organization offers local lunches and happy hours, as well as CLEs geared toward the defense practice. Contact Brittani Rollen of McDonald Sanders at 817.336.8651 or visit www.tadc.org.
JULY/AUGUST 2021
▪ TCBA BULLETIN 25
