Tort reform in Texas has made it critical for plaintiffs to ensure that all threshold requirements are met before filing lawsuits against certain professionals. Failure to comply with certain conditions precedent may have dire consequences. Texas law requires a plaintiff to file a certificate of merit contemporaneously with a lawsuit against certain licensed or registered […]
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Use of a Bill of Review to Set Aside a Judgment
It is not uncommon for our firm to receive calls from potential new clients explaining that they just found out they have a default judgment against them because they failed to file an answer to a lawsuit. Sometimes the failure to answer occurred because they were never personally served or service occurred and there was […]
Read more...Navigating The TREC Complaint Process: A Lawyer’s Perspective
This article will attempt to provide a basic overview and our firm’s overall impression of the first phase of the complaint process with the Texas Real Estate Commission. The initial phase of the complaint process begins with the consumer initiating a complaint and ends with TREC’s determination to pursue disciplinary action against the license holder. […]
Read more...Amended Pleadings: The Relation-Back Doctrine in Texas
In litigation, it is common practice to amend pleadings. The relation-back doctrine allows an original pleading to be amended or supplemented with new causes of action so long as the new claim arose out of the same transaction or occurrence. However, issues with amendments can arise when a party argues the statute of limitations has […]
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