unadjudicated claim (Texas) · Go Syfert
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unadjudicated claim in Texas

5 Texas opinions name it 1 courts 1993–2022 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Rosenthal v. Ottisgreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018The court further determined that the trial court retains jurisdiction to decide a timely filed fees request under section 21.019 “as in any other case in which an unadjudicated claim remains pending after dismissal.” Id. at 528.

11
Chase Manhattan Bank, N.A. v. Lindsaygreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See id.

11
Rexrode v. Bazargreen
texapp · 1997 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007Rexrode v. Bazar, 937 S.W.2d 614, 619 (Tex.App.-Amarillo 1997, no writ); see Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853, 854-55 (Tex.1995) (claims adjudicated before nonsuit are dismissed with prejudice).

11
Hyundai Motor Co. v. Alvaradogreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007Rexrode v. Bazar, 937 S.W.2d 614, 619 (Tex.App.-Amarillo 1997, no writ); see Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853, 854-55 (Tex.1995) (claims adjudicated before nonsuit are dismissed with prejudice).

11
State v. Landrygreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993See State v. Landry, 793 S.W.2d 281 (Tex.App.—Houston [14th Dist.] 1990, orig. proceeding); Eppoleto v. Bournias, 764 S.W.2d 284 (Tex.App.—Waco 1988, orig. proceeding) (suggesting that the trial court may dismiss the condemnation proceeding but reserve jurisdiction over the question of § 21.-019(b) attorney’s fees and expenses).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
McNally v. Guevara green
tex · 2001
1 sentence

2022App. P. 27.2, or to dismiss the appeal for want of jurisdiction.” Id. 5 Although we and other courts of appeals have held that a Rule 27.2 abatement is not available when an unadjudicated claim for attorney’s fees is contested and its resolution might involve an evidentiary proceeding and other rulings, 6 the parties in this case assert they have reached “a stipulated resolution of the attorney’s fees issue.” That stipulation will make the trial court’s rendition of judgment on the attorney’s fees claim ministerial or perfunctory and suitable for resolution on abatement of this appeal to make

12022–2022
Eppoleto v. Bournias green
texapp · 1988
1 sentence

1993See State v. Landry, 793 S.W.2d 281 (Tex.App.—Houston [14th Dist.] 1990, orig. proceeding); Eppoleto v. Bournias, 764 S.W.2d 284 (Tex.App.—Waco 1988, orig. proceeding) (suggesting that the trial court may dismiss the condemnation proceeding but reserve jurisdiction over the question of § 21.-019(b) attorney’s fees and expenses).

11993–1993

Where else courts name it

ND 6 (1989–2024) OK 5 (1996–2022) TX 5 (1993–2022) AL 5 (2006–2015) IL 4 (1981–2022) RI 3 (2004–2005) TN 2 (1992–1992) WA 2 (2009–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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