Did you Know?

By JoAnn Storey

We all know the following about cases transferred by the Texas Supreme Court from one court of appeals to another:

1. The transferee court must decide the case in accordance with the precedent of the transferor court if the transferee court’s decision otherwise would have been inconsistent with the precedent of the transferor court.

2. The court’s opinion may state whether the outcome would have been different had the transferee court not been required to decide the case in accordance with the transferor court’s precedent.

Here’s the authority for the rule, at your fingertips: TRAP 41.3