A holdover provision in a commercial lease is not an unenforceable penalty

The Austin court of appeals recently joined the Dallas Court of Appeals in concluding a holdover provision in a commercial lease agreement is not an unenforceable penalty. The holdover provision in Kahn v. Meknojiya stated: 2.07 Holding Over. If Tenant does not vacate the Leased Premi

A trial court’s inherent power does not permit it to dismiss a party’s claims on the merits without a pending motion

Porras v. Jefferson, __ S.W.3rd __ (Tex. App.—Houston [14th Dist.] 2013, no. pet. h.). A trial court has certain “inherent powers” it can utilize to aid in the exercise of its jurisdiction, in the administration of justice, and in preservation of its independence and integ