Legal Opinion · Dissent

Lapiner v. Maimon

Court of Appeals of Texas

Decided April 22, 2014No. 14-12-00158-CVPublished

1DissentJ. Brett Busby, Justice

The plurality1 and concurring opinions conclude, for different reasons, that appellant Yuval Lapiner’s appeal must be dismissed. I disagree with these reasons for dismissal because they

• unjustifiably narrow the subject-matter jurisdiction of Texas trial courts in a manner that (1) resurrects an argument appellees expressly waived below and (2) allows any Texas judgment to be attacked as void for failure to prove a statutory requirement;

• apply Delaware rather than Texas law to matters of jurisdiction and procedure;

• adopt a rule requiring settlement objectors to intervene in order to appeal,…

2Cases cited59 opinions

  1. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  2. Verburgt v. DornerTexas Supreme Court · 1998
  3. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  4. Cameron v. Terrell & Garrett, Inc.Texas Supreme Court · 1981
  5. Reed Elsevier, Inc. v. MuchnickSupreme Court of the United States · 2010

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