Wednesday, February 19, 2020

Mandated.

Originally published by David Coale.

Morales v. Barnes reminds how an appellate mandate should guide further trial-court proceedings: “Our December 29, 2017 judgment and related mandate, however, rendered a partial judgment dismissing only Barnes’ claims based on the second letter. We affirmed the trial court’s denial of the motion to dismiss Barnes’ claims based on the first letter and we remanded those claims to the trial court for further proceedings. We conclude that by dismissing any claims based on the first letter, the trial court’s order was inconsistent with and failed to give full effect to our December 29, 2017 judgment and related mandate.” No. 05-18-00767-CV (Feb. 7, 2020) (mem. op.)

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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