By Don White | Published July 19, 2016 | Posted in Business Law, Civil Litigation | Comments Off on What is Civil Litigation?
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What is Civil Litigation?
Civil litigation is the process by which disputes are resolved between companies and/or individuals where criminal prosecution is not involved. Because civil litigation is between private entities and the State is not a party, the process of civil litigation is markedly different from a criminal case. Family law is a subset of civil litigation, Read More
Read MoreThe Texas Open Beaches Act: Severance v. Patterson
Real Property disputes are some of the most frequent cases we take on at our firm. You can view previous blog posts regarding other cases here. Along Texas beaches, unique issues of ownership due to the natural erosion and growth of beaches frequently comes up. The Texas Open Beaches Act ensures that the public has Read More
Read MoreTexas Clean Air Act
In BCCA Appeal Group, Inc. v. The City of Houston, the Texas Supreme Court sided with an industry challenge to a Houston ordinance regulating air quality within its corporate limits. In 1967, the Texas legislature enacted the Texas Clean Air Act. The Act empowered the predecessor agency of the Texas Commission on Environmental Quality (TCEQ) Read More
Read MoreChild Support with 50/50 Child Possession Schedules
In North Texas, there has been a growing trend towards awarding parents 50/50 possession schedules of their children (as opposed to the Standard Possession Order or a variation of it). The theory behind it is that children should have frequent and continuing contact with both parents. Not all judges award 50/50. Some do and some Read More
Read MoreTexas City Annexation Procedures
Rapid population growth and aggressive annexation policies by Texas cities have extended municipal boundaries into areas that were once predominantly rural and dominated by agricultural land uses. In an effort to curb the ability of cities to annex legitimate farming operations and burden those uses with municipal regulations the Texas legislature in 2007 enacted House Read More
Read MoreWhat are the Spousal Rights to Property After Death?
Here are the facts of the situation. Husband and wife are each on their second marriage and they purchase a home together. Husband dies and leaves a will leaving everything to his grown kids – who by the way don’t like his second wife. The second wife is very nervous about her situation and has a Read More
Read MoreAm I a Target for a Lawsuit?
A common question clients ask after being sued is, “What could I have done differently to have avoided a lawsuit?” At the outset of a lawsuit, a careful plaintiff will consider the answer to three questions: Can I prove the Defendant is liable? – Simply put, was the Defendant in the wrong? It could be Read More
Read MoreLien on Me? Materialmen’s and Mechanic’s and Texas Property Code § 53.160.
How do you challenge lien claims against your property? Disputes can arise as to the payment for, or performance of services on your home with a contractor. One of the constitutional remedies that a contractor has is to file a lien against your property, claiming you owe them money. If someone has filed a lien Read More
Read MoreKoch v. Boxicon, LLC – Dallas Court of Appeals
Koch v. Boxicon, LLC Dallas Court of Appeals, No. 05-14-01424-CV (March 30, 2016) Justices Fillmore, Myers, and Whitehill While Koch was finishing chiropractic school, he met Lindemuth, Boxicon’s general manager—an encounter both now likely regret. After Lindemuth had personally advanced several thousand dollars for Koch’s mortgage and living expenses, a Boxicon affiliate leased Koch space Read More
Read MoreChild Possession and Visitation – The 50/50 Possession Schedule
When most people think of parents having split custody of a child, they think of the standard possession order. That’s when one parent has the child the majority of the time and the other parent has the child every other weekend. There has been a trend developing among legislators, psychologists, and in some courts to Read More
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