Spencer Fane attorney Nick Reisch recently published an article featured in the State Bar of Texas’s Litigation Section publication News for the Bar covering highlights from two Texas Supreme Court rulings.
Focusing on the cases B.C. v. Steak N Shake Operations, Inc. and Bella Palma, LLC v. Young, Nick discussed the takeaways attorneys can apply to their practice. In both, the litigation hinged on the “form” language used in filing motions – something Nick cautions may lead to issues in a case.
“A judgment is final—even if it did not properly resolve all claims or parties—if the judgment describes its action as (1) final, (2) a disposition of all claims and parties, and (3) appealable,” Nick explained in the article. “Thus, any practitioner intending to ensure a judgment is final should focus on these characteristics, rather than a Mother Hubbard clause or any other language.”
To read the full article, please click here (Page 59).