Opinion Library
Texas court rulings translated into actionable litigation strategy.
Strategy Category
358 opinions found
Brian Jacob Cole v. Lindsey Renee Cole
COA02
Brian Jacob Cole appealed a final divorce decree that awarded an investment property to his ex-wife and named her sole managing conservator, raising twelve issues including jurisdictional challenges and the denial of a jury trial. The Fort Worth Court of Appeals analyzed the appeal under Texas Rule of Appellate Procedure 38.1, which requires briefs to contain clear arguments with appropriate citations to the record and legal authority. The court held that because the appellant failed to provide adequate legal support, failed to preserve errors at trial, and lacked standing to challenge opposing counsel\'s withdrawal, all twelve issues were waived, and the trial court\'s judgment was affirmed.
Litigation Takeaway
"Pro se litigants are held to the same rigorous standards as licensed attorneys; representing yourself does not excuse a failure to follow procedural rules, and failing to properly cite the record or legal authority in an appeal will result in a total waiver of your claims."
Ex Parte Robert Brimmer
COA02
In Ex Parte Robert Brimmer, a medical doctor sought to vacate his negotiated guilty plea through a writ of habeas corpus, arguing he was mentally incompetent at the time of the plea due to "distorted thinking" and paranoid delusions. The Second Court of Appeals analyzed the claim using the criminal competency standard, which requires a defendant to have a rational and factual understanding of the legal proceedings. The court affirmed the trial court's denial of relief, holding that the applicant failed to prove incompetence by a preponderance of the evidence. The court emphasized that contemporaneous forensic evaluations and affirmations of competence by trial counsel carry significant weight, and that the presence of mental illness or "unreasonable" legal beliefs does not automatically render a party legally incompetent if they understand the terms of the agreement.
Litigation Takeaway
"A party seeking to set aside a settlement based on a lack of capacity face a high hurdle; legal incompetence requires a functional inability to understand the proceedings rather than just a mental health diagnosis or 'distorted thinking.' Practitioners can 'competency-proof' agreements by securing contemporaneous affirmations of understanding from all parties and counsel at the time of execution."
Hart v. San Jacinto River Authority
COA14
After a case was dismissed for want of prosecution (DWOP), the plaintiffs filed a motion to reinstate that was not verified by an affidavit as required by procedural rules. This unverified motion failed to extend the standard 30-day deadline to file an appeal. When the plaintiffs later attempted to file a 'restricted appeal'—a process usually available for six months—the appellate court dismissed the case for lack of jurisdiction. The court reasoned that under Texas Rule of Appellate Procedure 30, filing any timely post-judgment motion (even a defective or 'improper' one) automatically disqualifies a party from seeking a restricted appeal. The court held that the unverified motion was still a 'motion' for purposes of the rule, creating a procedural trap that left the plaintiffs with no way to challenge the dismissal.
Litigation Takeaway
"An unverified motion to reinstate is a 'deadly' procedural error: it is ineffective at extending the 30-day window for a standard appeal, yet it simultaneously bars the filing of a restricted appeal. To protect your rights, always ensure a motion to reinstate is verified by personal knowledge and, if the 30-day deadline is approaching without a signed order of reinstatement, file a notice of appeal immediately to preserve the case."
Moore v. Stanley Spurling & Hamilton, Inc.
COA14
Moore sued an engineering firm five days before the statute of limitations expired but failed to include a certificate of merit or a 'lack-of-time' allegation in her initial petition. She filed both the certificate and the required allegation 29 days later. The defendant moved to dismiss, arguing that Texas Civil Practice and Remedies Code § 150.002(c) requires the 'lack-of-time' allegation to be made contemporaneously with the initial filing. The trial court dismissed the case, but the 14th Court of Appeals reversed. The court analyzed the statute's silence on the specific deadline for the allegation and held that, in the 14th District, a plaintiff may provide the 'lack-of-time' justification within the 30-day supplemental window rather than the first petition, provided the suit was filed within 10 days of the limitations deadline.
Litigation Takeaway
"In Houston's 14th District, there is a procedural 'safety valve' for claims against professionals: if you file suit within 10 days of a limitations deadline, you can fix a missing 'lack-of-time' allegation and file your certificate of merit within 30 days of the initial filing. However, beware of venue, as the Dallas and Beaumont courts currently hold that omitting these allegations from the initial petition is a fatal error."
In the Matter of the Marriage of Schrotel
COA10
After a final decree of divorce was entered, the Appellant filed a notice of appeal while simultaneously pursuing a motion for new trial in the trial court. During the pendency of the appeal, the trial court granted the motion for new trial, which effectively vacated the original divorce decree. The Appellant then filed a voluntary motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1). The Tenth Court of Appeals analyzed the request and determined that because the underlying judgment had been vacated, the appeal was moot. The court granted the motion and dismissed the appeal, allowing the litigation to continue in the trial court.
Litigation Takeaway
"In Texas family law, you must 'dual-track' your post-judgment strategy: file a notice of appeal to preserve your rights, but if you successfully secure a motion for new trial, promptly dismiss the now-moot appeal to avoid unnecessary legal fees and jurisdictional confusion."
MacIvor v. Zuehl Airport Flying Community Owners Association, Inc.
COA06
In a dispute over property assessments, a homeowners association sought to compel arbitration based on a 2015 resolution that purportedly amended the subdivision's covenants. The property owner challenged the existence of the agreement, arguing the amendment was never validly adopted. The Court of Appeals reversed the trial court's order compelling arbitration, holding that the party moving for arbitration bears the initial evidentiary burden to prove the existence of a valid agreement under traditional contract principles. Because the association failed to provide evidence that the amendment was legally executed, the "presumption" favoring arbitration was never triggered, and the resulting arbitration award was declared void.
Litigation Takeaway
"The "strong policy favoring arbitration" does not excuse a party from proving that a contract actually exists. If a spouse or business partner attempts to enforce an arbitration clause in a modified agreement, trust amendment, or draft settlement, you can block the referral to arbitration by challenging the legal formation of that document. The court must confirm the agreement's existence before the arbitrator can take over."
In Re A.B., Relator
COA01
In this suit to modify the parent-child relationship (SAPCR), the Relator filed a petition for writ of mandamus seeking to vacate or modify the trial court's temporary orders. The First Court of Appeals abated the proceeding to allow the parties to attend mediation. After reaching a full settlement, the Relator filed an unopposed motion to dismiss the petition. The court analyzed the case under the doctrine of mootness, determining that because the parties had resolved their underlying dispute, there was no longer a justiciable controversy for the court to decide. The court granted the motion, reinstated the case from abatement, and dismissed the petition for writ of mandamus.
Litigation Takeaway
"A mandamus petition is a powerful strategic tool in family law that can provide the leverage necessary to settle a case. When an appellate court abates a mandamus proceeding for mediation, practitioners should treat the pending petition as a catalyst for negotiation. If a settlement is reached, counsel must promptly file an unopposed motion to dismiss the appellate proceeding to clear the docket and finalize the resolution."
York v. York
COA13
In York v. York, a mother sued her son and daughter-in-law after they convinced her to sell her home and provide over $119,000 to build a 'granny flat' on their property, only to divert the funds for their own home improvements and lock her out. The Thirteenth Court of Appeals affirmed a $122,550 judgment in favor of the mother, focusing on the jury's finding of fraud. The court analyzed the timing of the financial transactions—specifically that the children contracted for their own renovations within days of receiving the mother's money—and concluded there was sufficient evidence that the children never intended to fulfill their promises. Under Texas Rule of Appellate Procedure 47.1, the court held that because the fraud finding independently supported the full damages award, it was unnecessary to review the additional claims of breach of contract and promissory estoppel.
Litigation Takeaway
"In multi-generational property disputes, pleading and proving fraud is a powerful strategy; if a judgment is supported by a robust fraud finding, an appellate court can affirm the entire award without even considering more technical contract-based defenses."
Roger Allan Smith v. State
COA14
Roger Allan Smith appealed his conviction for the continuous sexual abuse of a child, arguing that the victim's testimony was too vague to satisfy the statutory requirement that at least two acts occurred over a 30-day period. The Fourteenth Court of Appeals analyzed whether a rational jury could infer the necessary duration from testimony describing the frequency of abuse rather than specific dates. The court held that evidence of a regular pattern—specifically testimony that abuse occurred "every couple of weeks to a month" beginning near a specific birthday—is legally sufficient to establish the 30-day window, even if the witness lacks "autobiographical memories" of each specific instance.
Litigation Takeaway
"To establish a "pattern of abuse" in SAPCR or Protective Order litigation, practitioners do not need to prove specific dates for every act. By establishing an "anchor date" (such as a holiday or birthday) and a consistent "frequency" (such as "every weekend"), a party can legally satisfy the evidentiary burden for a pattern of conduct through "evidentiary math.""
Ex Parte Jeffrey Lynn Davis
COA05
In Ex Parte Davis, the Dallas Court of Appeals addressed whether a witness recantation is sufficient to establish a claim of 'actual innocence' following a voluntary guilty plea. Jeffrey Lynn Davis sought to overturn a decades-old sexual assault conviction after the victim provided a statement recanting her allegations. The court analyzed the claim under the 'Herrera' standard, which requires an applicant to present newly discovered evidence that affirmatively establishes innocence and proves by clear and convincing evidence that no reasonable juror would have convicted them. The court emphasized that overcoming a voluntary guilty plea is a 'Herculean task' and that appellate courts must afford near-total deference to a trial court's credibility findings. Ultimately, the court held that the recantation did not outweigh the original investigative evidence and Davis's own judicial confession, affirming the denial of the writ.
Litigation Takeaway
"A criminal conviction based on a voluntary guilty plea is nearly impossible to 'undo' for family law purposes, even if a victim later recants their testimony. In high-conflict custody or divorce cases, attorneys should rely on the finality of these convictions to establish fitness and 'best interest' arguments, as Texas courts set an extremely high evidentiary bar—the 'Herculean task'—for any collateral attack on a prior plea."