REHEARING PRACTICE IN THE COURTS OF APPEAL: …

1 REHEARING PRACTICE IN THE COURTS OF APPEAL: THEY HEARD YOU THE FIRST TIME, AND OTHER RULES OF and Commentary by:ERIC FARRARS taff Attorney1st court of AppealsHoustonSTEVEN K. HAYESLaw Office of Steven K. HayesFort WorthZACHARY HALLS taff Attorney3rd court of AppealsAustinCLIFFIE WESSONC hief Staff AttorneyMARILYN HOUGHTALIND eputy Chief Staff court of AppealsDallasSTACEY STANLEYC hief Staff Attorney6th court of AppealsTexarkanaKIM ANDERSONS taff Attorney8th court of AppealsEl PasoTHE HON. TOM GRAYC hief Justice10th court of AppealsWacoBRANDY WINGATES taff Attorney13th court of AppealsCorpus Christi/EdinburgMADISON FINCHS taff Attorney14th court of AppealsHoustonWith thanks to the following for REHEARING statistics from their COURTS :KEITH HOTTLEC lerk4th court of AppealsSan AntonioTHE HON.

2 BRIAN QUINNC hief Justice7th court of AppealsAmarilloCAROL ANNE FLORESC lerk9th court of AppealsBeaumontNANCY HUTTO HUGHESS taff Attorney11th court of AppealsEastlandCATHY LUSKC lerk12th court of AppealsTylerState Bar of Texas24th ANNUAL ADVANCEDCIVIL APPELLATE PRACTICE COURSES eptember 2-3, 2010 AustinCHAPTER 1 Eric C. Farrar914 Dallas St. # 902 $ Houston, TX 77002 $ $ EMPLOYMENTF irst court of Appeals, Houston, Texas (Staff Attorney for Justice Elsa Alcala, February 2006 topresent)Prepare and present proposed opinions on large, complex civil and criminal cases topanel of justices. Perform advanced legal research and analysis. Responsible forthe issuance of opinions in approximately 160 appeals. Research, prepare, andsubmit proposed rulings on motions.

3 Assist in docket management and supervisionof junior attorneys and law student interns. Sheehy, Lovelace and Mayfield, , Waco, Texas (Associate, January 2002 to February 2006)Trial and appellate PRACTICE in diverse litigation areas, including commercial,construction, insurance defense, products liability, condemnation, estate, and familylaw. Assisted at all stages of litigation, including preparation of pleadings, draftingand reviewing discovery requests and responses, deposing and presentingwitnesses, preparing motions for summary judgment. Trial experience includesattendance and participation at hearings, voir dire, and trial, preparing trial briefs,examining witnesses, preparing jury charges, drafting motions for new trial, andpreparing appellate briefing.

4 Representative appellate work in private PRACTICE includes:$ Fagan v. Crittenden, No. 10-04-00042-CV, 2005 WL 428469 (Tex. , pet. denied). Prepared principal and reply brief for appellant and motion forrehearing in court of appeals. Prepared petition for review and brief on the meritsin Texas Supreme court .$ Allen v. Hines Ranches of Texas, Inc., No. 03-03-00167-CV, 2003 WL 22908134(Tex. 2003 no pet.). Prepared motion for summary judgment andbrief for appellee.$ Restitution Revival v. Waco , No. 10-02-00248-CV, 2003 WL 22359189(Tex. 2003, pet. denied). Prepared brief for States Navy (Lieutenant, Surface Warfare Officer, May 1993 to June 1998)USS CUSHING Assistant Operations Officer, July 1996 to June 1998 Supervised four officers and 80 enlisted men.

5 Deployed to Persian REUBEN JAMESF irst Lieutenant, January to July 1996 Supervised 21 sailors in maintaining andoperating ship=s boats and deck Control Assistant, November 1994 to January 1996 Supervised ten sailorsin maintaining firefighting, flooding, and other damage control equipment. Plannedand implemented damage control training for a crew of 200 sailors. Deployed twiceto Persian Warfare Officer School, Newport, Rhode Island, June 1993 to April 1994 EDUCATIONB aylor University School of Law, Waco, TexasJuris Doctorate, 2001$ Top Graduate November 2001$ Top 22nd percentile$ Best Brief and Octofinalist: Strasburger and Price Moot court Competition, Spring 2000$ Order of BarristersUnited States Naval Academy, Annapolis, Maryland, Bachelor of Science, History, 1993 ZACHARY ROBERT HALLT hird court of Appeals209 West 14 St, Rm.

6 101thAustin, TX 2006 - PresentStaff Attorney3 court of Appeals, Austin, the Honorable Bob PembertonrdOctober 2005 January 2006 Staff Attorney11 court of Appeals, Eastland, the Honorable Rick StrangethSeptember 2004 October 2005 Law Clerk / Staff Attorney 11 court of Appeals, Eastland, the Honorable Jim WrightthEducationTexas Tech University School of Law ( , 2004), Cum LaudeLaw Review 2003-2004 Lead Articles EditorBoard of BarristersMember, 2003-20042004 Dupree Award Awarded to the member of the graduating class who, in the opinion of his colleagues, best exemplifies theability, integrity, & sense of professional responsibility desired in one soon to join the legal profession2003 Law Review Outstanding Staff Member AwardAwarded to the second year member who, in the opinion of the Board of Editors, has exhibited extraordinary dedication to the Law Review2003-2004 Dean s Executive AwardAwarded annually to the six members of the Law Review Executive Board Texas A&M University ( , 1999)

7 , Summa Cum LaudeMemberships / AwardsTexas Young Lawyers Association, State Moot court CommitteeDrafted the 2008, 2009, and 2010 State Moot court ProblemsTYLA President s Award of Merit 2008, 2009 Awarded for work on behalf of State Moot court Committee STEVEN K. HAYESLAW OFFICE OF STEVEN K. HAYES201 Main Street, Suite 600 Fort Worth, Texas 76102 Direct Phone: 817/886-2355 Facsimile: 817 : Law School, in College, in 1977, summa cum laude Briefing Attorney assigned to the Honorable Charles Barrow, Supreme court ofTexas, 1980-1981 Areas of PRACTICE :Appeals, mass tort litigation, products liability, personal injury, commerciallitigation, legal malpractice, collections, Miller Act and construction contractclaims and claims involving fraud and the Deceptive Trade practices Act.

8 Admissions:State Bar of Texas (former Member, District Unauthorized PRACTICE of LawCommittee)Supreme court of the United StatesFifth Circuit court of AppealsUnited States District COURTS (all Districts in Texas) Memberships:American Law Institute (2005-present)Appellate Law Section, State Bar of Texas (Council, 2008-present; Co-Chair,Website Comm., 2005-present).Appellate Law Section, Tarrant County Bar Association (Chair, 2007-8)Texas Association of Defense Counsel (Amicus Committee)Tarrant County Bar Association, 1993-present (Director, 2005-2008)Mahon Inn of court (President 2009-2010, Master since 2005; Treasurer, 2007-2008; Counselor, 2008-2009)Bell-Lampasas-Mills Counties Bar Association, 1984-1992 (former Director) Bell-Lampasas-Mills Counties Young Lawyers Association (former President, Vice-President, Secretary-Treasurer and Director)Life Fellow, Texas Bar FoundationMentor of the Year, Fort Worth-Tarrant County Young Lawyers Association(2009-2010).

9 MARILYN HOUGHTALIND eputy Chief Staff AttorneyFifth District court of Appeals at Dallas600 Commerce Str., Suite 200 Dallas, TX 75202Ph.: 214-712-3420 PROFESSIONAL:November 1993:Admitted to the State Bar of Texas1993-Present:Attorney, Fifth District court of Appeals at Dallas, Texas1982-1990:Juvenile Probation and Parole Officer, Twelfth Judicial District,Otero & Lincoln Counties, New Mexico EDUCATION:Legal:Texas Tech University School of LawDoctor of Jurisprudence May 1993 Summa Cum Laude Order of the Coif Phi Kappa Phi Who s Who Among Law Students Note Editor, Texas Tech Law ReviewGraduate andNew Mexico State UniversityUndergraduate:Master of Criminal Justice August 1990 Thesis: Criminal Dispositions of New Mexico Juveniles Transferred to Adult court .

10 Bachelor of Criminal Justice January 1981 Associate of Criminal Justice July 1980 PUBLICATIONS:Trying Juveniles as Adults: A Note on New Mexico s Recent Experience. The Justice SystemJournal, Vol. 15, No. 3, 1992, 814-23 (with G. Larry Mays, ).Criminal Dispositions of New Mexico Juveniles Transferred to Adult court . Crime &Delinquency, Vol. 37, No. 3, July 1991, 393-407 (with G. Larry Mays, ). Brandy M. WingateSenior Staff AttorneyThirteenth court of Appeals100 E. Cano, 5th FloorEdinburg, Texas 78539 Phone: (956) INFORMATIONB oard Certified in Civil Appellate Law by the Texas Board of Legal Specialization, in Anthropology, Texas A & M , magna cum laude, Baylor University School of LawPROFESSIONAL ACTIVITIESLaw Clerk to former Texas Supreme court Chief Justice Thomas R.