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Douglas C. Kittelson, Attorney

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Civil Procedure

New Dallas Court of Appeals Opinion: Beesley V. Hydrocarbon Separation, Inc. and McPeak

The Dallas Court of Appeals ruled today in Beesley V. Hydrocarbon Separation, Inc. and McPeak that: (1) suits must be brought against a corporation within 3 years of its dissolution; (2) McPeak is not relieved of a contract he signed

Doug January 5, 2012 Breach of Contract, Civil Procedure, Contract Disputes, Contracts, Texas Cases Read more

Fraud

Fraud is an affirmative defense under rule 94 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 94. Unless established as a matter of law, the burden is on the party asserting fraud not only to plead the

Doug September 10, 2011September 10, 2011 Breach of Contract, Civil Procedure, Contract Disputes, Contracts, Texas Cases Read more

No Evidence Motion for Summary Judgment

Under Rule 166(a)(i), Texas Rules of Civil Procedure, after adequate time for discovery a no-evidence summary judgment motion may be urged on the ground that there is no evidence of one or more essential elements of a claim or defense

Doug September 7, 2011 Civil Procedure, Texas Cases Read more
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