Service Through Clerk's Mailing Not Effective Where Certified Mailing Returned with an "Unknown Addressee" Stamp

Two defendants, who had settled a civil enforcement action but moved to dismiss it five years later, failed to prove on appeal that they were entitled to relief.

Court granted in part and denied in part defendant landlord's request to strike counts arising from an electrical fire which displaced the plaintiff, causing her emotional and financial harm. Although the court disagreed that plaintiff did not aptly plead a proper breach of contract and negligence claim due to the landlord's obligation to maintain a safe residence, the court did strike the remaining claims for inhabitability and consumer protection violations. The court noted that plaintiff was not required to pay rent after the fire,

Court Denies Order Compelling the Government to Disclose Particulars

This appeal, an issue of first impression in Texas, arises out of a question about the enforceability of a settlement release that released unknown future claims of personal injury.

There was sufficient evidence to overcome the presumption that decedent destroyed or revoked his original will, which could not be found, where the testator properly executed the original will, the contents of that will were substantially the same as the copy presented and the testator had not destroyed or revoked the will prior to his death. The court granted a petition to submit a will photocopy to probate, subject to the two-witness rule.

Plaintiff's allegations state viable claim for breach of contract based on loss of consigned valuables

Defendant's Waiver of Appeal Invalidated Due to Overboard Characterizations By the Court

No Prejudgment Remedy When Arbitration Not Commenced

Prejudgment Remedy Awarded for Undisclosed Roof and Seepage Problems