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Second Bites At The Apple: Appellate Issues in Dispositive Motions

Dispositive motions are an opportunity for trial attorneys to implement their trial strategy, using the facts in our cases to gain a tactical advantage, whether by eliminating claims or defenses, educating the judge, or poisoning the well.

Additional resources provided by the author

[1] Tex. R. Civ. P. 166a

[2] Tempest Broad. Corp. v. Imlay, 150 S.W.3d 861, 870 (Tex. App.—Houston [14th Dist.] 2004, no pet.); Hoke v. The Campbell Group, LLC, No. 13-14-00215-CV, 2016 WL 1633076 (Tex. App. – 2016, no pet. h.)(mem. op.); Wooley v. Schaffer, 447 S.W.3d 71, 76 (Tex. App.–Houston [14th Dist.] 2014, pet. denied).

[3] City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979).

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