Weekly Digest
January 10 – January 16, 2026
2 opinions this week
Shamrock Enterprises, LLC d/b/a FRSTeam Gulfcoast/LA v. Top Notch Movers, LLC
Supreme Court of Texas
The Supreme Court of Texas reversed a no-answer default judgment against Shamrock Enterprises, LLC, obtained through Secretary-of-State substituted service, because the face of the record did not demonstrate strict compliance with the forwarding requirements of the Business Organizations Code § 5.253. The forwarding of process was not shown to be sent to the defendant's most recent address on file with the Secretary of State.
Litigation Takeaway
“Texas family law practitioners must ensure strict compliance with statutory forwarding requirements in cases involving default judgments using substituted service. Specifically, for Texas Secretary-of-State service, the record must explicitly show forwarding to the most recent address on file with the Secretary of State, as lacking this can render a default judgment subject to reversal on restricted appeal.”
In re David Rogers
Supreme Court of Texas
Mandamus was denied because the relief sought required the Supreme Court to resolve genuinely disputed, material facts, which is generally incompatible with mandamus review. The Court also refused to impose a ministerial duty or find a clear abuse of discretion requiring acceptance of a post-deadline amended filing.
Litigation Takeaway
“Mandamus is not a substitute for proving facts in the trial court, and delay, especially tactical delay after an adverse ruling, can be fatal when asking an appellate court to act quickly. Relators must build a record fast and pursue the correct procedure, including expedited appeal when needed.”