Tex.App.: 12thCoA Twelfth Court of Appeals in Tyler, TX

12thCoA Twelfth Court of Appeals in Tyler, TX

TWELFTH COURT OF APPEALS IN TYLER

The 12th Court of Appeals of Texas sits in Tyler and consists of three justices. Due to its small size and moderate caseload, this court has no need to divide the caseload among panels.

2018 ELECTION

Incumbent Justice Greg Neely ran unopposed and was re-elected with 247,551 votes.

Vote count for Place 3 on 12th COA in 2018 Election

MEMBERSHIP OF TYLER COURT OF APPEALS AS OF 2018

Place 1: Chief Justice James T. Worthen
Place 2: Justice Brian Hoyle
Place 3: Justice Greg Neeley

12th COA Justices - Screenshot of official pics and bios on Court's website

COURT PERSONNEL

Clerk of the Court: Katrina McClenny
Deputy Clerk: Ashley Rozell
Accountant: Pam Estes
Legal Assistant: Bethena Atwood

2015 MEMBERSHIP CHANGE

Greg Neeley, a solo, has succeeded Justice Sam Griffith on the Twelfth Court of Appeals, who resigned. Griffith’s six-year term was set to expire in two years. Neeley, a Republican, was appointed by Governor Rick Perry before handing over the Governor's Mansion and the reigns of the state to former AG Greg Abbott.
News link: Neeley named to state bench (Jan 14,2015). Texas Twelfth Court Of Appeals Justice Sworn In

2015 MEMBERSHIP WITH LINKS TO BIOGRAPHIES / PHOTO

Chief Justice James T. Worthen Place 1
Justice Brian Hoyle Place 2
Justice Greg Neeley Place 3

2014 ELECTION

Republican Chief Justice Jim Worthen did not draw a Democratic challenger in his 2014 bid to remain as chief justice, and was re-elected with a 160,453 votes cast. He became Chief Justice in 2003, after having served as an associate justice on the Tyler-based appellate court.

MEMBERSHIP AS OF SEPTEMBER 1, 2014 WITH YEAR OF TERM EXPIRATION

Chief Justice James T. Worthen aka James T. "Jim" Worthen 2014 (re-elected for another term)
Justice Sam Griffith 2018
Justice Brian Hoyle 2016

Visiting Justice in FY 2014: Justice James Bass

JAN 2013 MEMBERSHIP: ASSOCIATE JUSTICES BY PLACE DESIGNATION

OPINIONS HANDED DOWN IN FY 2014 - BY AUTHORING JUSTICE

FROM WHICH COUNTIES DOES THIS COURT HEAR APPEALS?

Anderson Houston Sabine Trinity
Angelina Nacogdoches San Augustine Upshur
Cherokee Rains Shelby Van Zandt
Gregg Rusk Smith Wood
Henderson

12TH COURT OF APPEALS - TYLER 3 JUSTICES • Counties in District • Anderson Houston Sabine Trinity Angelina Nacogdoches San Augustine Upshur Cherokee Rains Shelby Van Zandt Gregg Rusk Smith Wood Henderson

Web site URL for the Twelfth Court of Appeals: http://www.txcourts.gov/12thcoa.aspx

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TEXAS SUPREME COURT CASES & COMMENT

Texas Supreme Court Follows Federal Lodestar on Fee Shifting. Comment on Rohrmoos Venture v. UTSW DVA Healthcare, LLP, No. 16-0006 (Tex. Apr. 26, 2019).

What SOL governs Civil Conspiracy Claim? SCOTX gives answer in Agar Corp. Inc. v. Electro Circuits International, LLC, No. 17-0630 (Tex. 2019).

Arbitration: Must client arbitrate fee dispute under attorney-client contingent-fee agreement that does not comply with Texas Gov’t Code §82.065? Preview of Cavanaugh v. Law Office of Thomas J. Henry in the Texas Supreme Court.

Attorney Immunity Plus: Unethical Texas attorneys may now collect attorney's fees from the victims of their misdeeds when sued.

Critique of Supreme Court attorney immunity decisions in Youngkin v Hines (Tex 2018) and Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015).

Comment on Dallas Morning News v. Tatum defamation case over Newspaper Column Disclosing Suicide (May 11, 2018 SCOTX Decision)

On May 1, 2018 the Texas Supreme Court issued the latest edition of the Texas Rules of Appellate Procedure (TRAP). The posted copy (in PDF) could have been made more web-surfer friendly.

Novice SCOTX Member Blacklock Delivers Shame of a Sham Affidavit Opinion. Lujan v Navistar, Inc. (Tex. April 27, 2018)

Texas Supreme Court adopts federal SHAM AFFIDAVIT DOCTRINE

and opens a can of worms regarding future application of the rule by the trial courts under the existing summary judgment procedure, which does not allow for credibility determinations

or evidentiary hearings. Houston Court of Appeals Judge Sharon McCally had written a vigorous dissent, opposing recognition of the sham affidavit by her court, and had argued that it did not even cover the unusual fact scenario in the case under review if it were adopted. See McCally Dissent on Sham Affidavit Doctrine.

Finding Matters of Public Concern, Texas Supreme Court sends TCPA case back to Dallas COA: Adams v. Starside Custom Builders LLC, No 16-0786 (Tex April 20, 2018) (TCPA, Texas-Supreme-Court-Cases. TEXAS CAUSES OF ACTION BLAWG 4/20/18.

Texas Supreme Court lets oil field services company off the hook in chemical spill case; denies benefits of discovery rule to worker harmed by toxic liquids at drilling site. Schlumberger Technology Corp. v. Pasko (Tex. April 13, 2018) (accrual-of-claim, SoL, Texas-Supreme-Court-Precedents, tolling-of-limitations) TEXAS COA BLAWG 4/19/18.

Another Whistleblower Claim Nixed by Texas Supreme Court: Neighborhood Centers Inc. v Doreatha Walker (Tex. April 13, 2018) (governmental-immunity, local-governments, sovereign-immunity, waiver-of-immunity, Texas-Whistleblower-Act, whistle-blowing-claims) TEXAS CAUSES OF ACTION BLOG 4/18/18.

We Are Supreme: Writing separately in Neighborhood Centers Inc. v. Walker, No. 16-0897 (Tex. April 13, 2018), Justice Phil Johnson questions Texas Legislature’s role in defining the contours of sovereign immunity, favors judicial supremacy.

Hill v Shamoun & Norman LLP - The Supreme's Gift to Texas Attorneys: Texas Lawyers may sue former clients using the common-law theory of quantum meruit even if contingent fee contract is barred by statute of frauds (attorney-fees-in-contract-cases, Commentary-on-caselaw-decisions, defense-to-quantum-meruit-claim, exceptions-to-statute-of-frauds, Texas-Supreme-Court-Precedents). COA.TX BLOG 4/13/2018.

Texas High Court says NO to attorney's fees for successful claim under Texas Construction Trust Fund Act (TCTFA) - Dudley Construction, Ltd. v. Act Pipe and Supply, Inc. (Tex. April 6, 2018) (American-Rule on attorney's fees, Construction-Fund-Act, construction-related-litigation, legal-basis-for-award-of-attorneys-fees, TCTFA). COA TEXAS BLOG 4/6/2018.

Tex.App.

12thCoA Twelfth Court of Appeals in Tyler, TX

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