Originally published by David Coale.
My LPCH colleague John Adams and I have argued that the Fifth Court’s power to rehear cases en banc is best used for “Goldilocks” cases – issues big enough to be important in other cases, but no so important that the Texas Supreme Court is likely to preempt whatever the Dallas court may do. In that spirit, the 13-0 opinion in Chakrabarty v. Ganguly reversed a longstanding Fifth Court precedent about whether money and stocks were “tangible personal property” within the meaning of the Family Code. No. 05-17-01195-CV (March 7, 2019).
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