An appellee bears the burden of proving that an appellant is estopped from challenging the judgment by appeal under the acceptance-of-benefits doctrine. When the doctrine applies, an appeal is rendered moot and the appeal should be dismissed. The doctrine does not apply when (1) acceptance of the benefits is because of financial duress or other economic circumstances, or (2) the reversal of the judgment on the grounds appealed cannot possibly affect an appellant’s right to the benefits accepted under the judgment. The appellant bears the burden to prove an exception applies. Here, the wife was awarded the 2005 Lexus and the husband was ordered to pay the car note on the Lexus. The wife tried to appeal the division of community property but during the appeal she sued her ex-husband in justice of the peace court claiming he had “sold her the car” but failed to pay for it. The wife’s appeal was dismissed because of the acceptance-of-benefits doctrine after a very detailed ... Read More >
Judicial candidates in Galveston County
Galveston County will very likely complete its transition to being a county with all Republican judges next year and the few Democratic incumbents know it. Here is the breakdown of who is running or not running: 306h Family District Court - Judge Jan Yarbrough is expected to retire but she is not officially confirmed she will not seek reelection. Anne Darring and Jennifer Burnett are the only announced candidates on the Republican side. 212th District Court - Incumbent Judge Susan Criss has already said she will retire. Now, it is rumored that she may well resign this Fall to run for the State Representative seat being vacated by the retiring Craig Eiland. That district is clearly winnable by a Democrat and Criss would be trying to follow in the footsteps of her father, former Rep. Lloyd Criss. A Criss resignation would allow Governor Perry to appoint someone to fill out the term. The appointee would become the de facto incumbent and have big advantage in the 2014 ... Read More >
Mental Disorder in Court – The Most Bizarre Court Hearing Ever!
Mental Disorder in the Court By Greg Enos Lawyers in Galveston County now know how it felt to serve in Roman Emperor Caligula's court. We see and fear the madness that is cloaked in awesome power and never know when the mad ruler's ire will be aimed at us. This was the scene in Emperor Dupuy's court on February 11 when Dupuy held a hearing to hold attorney Lori Laird in contempt for filing two motions to recuse him. There were eight armed bailiffs supervised by the elected Sheriff of Galveston County, who was being advised by a lawyer from the County Legal Department. The Sheriff even checked behind the judge's bench for weapons before the hearing started. It seemed that the extraordinary security was there as much to protect the attorneys from the judge as to keep order in the court. A felony prosecutor and the D.A.’s head investigator sat in the gallery taking notes about the judge. About 40 people were in the audience, including the County Judge and for a while one ... Read More >
New Ethics Opinion Agrees With Me: No Part Time Associate Judges
A brand new ethics opinion from the Texas Center for the Judiciary makes clear what I have argued for years: it is not ethical to allow a part-time Associate Judge to also practice law. The opinion states: Ethics Opinion Number 296 ( 2013 ) PRACTICE OF LAW BY PART-TIME JUDGE FACTS: An attorney has been appointed as a part-time family law associate judge by the district judge. The associate judge continues to represent family law clients before other district courts of that county and before courts in other surrounding counties. QUESTIONS: May a part-time family law associate judge, appointed by a court, represent family law clients before any of the other courts 1. in that county? 2. in surrounding counties? ANSWER: The committee answers Question 1 “No.” The committee answers Question 2 with a qualified “No.” DISCUSSION: A part-time associate judge appointed by a court is governed by the Code of Judicial Conduct. Canon 6D. As stated in Canon 6D(1)1, certain ... Read More >