Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
723 opinions found
R.F. v. Texas Department of Family and Protective Services
COA03
In this case, a mother appealed the termination of her parental rights, challenging the legal sufficiency of the evidence regarding child endangerment and claiming she received ineffective assistance of counsel because her lawyer did not request a trial recess for her to testify. The Third Court of Appeals analyzed the "endangerment" ground under Texas Family Code § 161.001(b)(1)(E), noting that prenatal drug use followed by continued instability and a failure to complete court-ordered rehabilitation constitutes a voluntary course of endangering conduct. The court also reviewed the ineffective assistance claim under the Strickland standard, finding that without a developed record explaining trial counsel's motives, it must presume the lawyer's decisions were strategic. The court affirmed the trial court's order terminating the mother's parental rights.
Litigation Takeaway
"Prenatal drug use combined with a failure to maintain sobriety and stability after a child's removal provides strong grounds for termination based on endangerment. Additionally, parties seeking to appeal based on ineffective assistance of counsel must develop a record—often through a motion for new trial—to prove that their attorney's actions were not part of a reasonable trial strategy."
Raggio-2204 Jesse Owens, LLC v. Morgan
COA03
After a trial court's plenary jurisdiction had expired, it entered a sanctions judgment and subsequent turnover orders authorizing a receiver to seize and sell property belonging to Stacey Hammer's LLC. After the Austin Court of Appeals declared these orders void, Hammer and the LLC sued the judgment creditor, his attorney, and the receiver for damages related to the lost property. The court analyzed Texas Rule of Civil Procedure 329b regarding the limits of plenary power and the doctrine of derived judicial immunity. The court held that because the underlying orders were void ab initio, the judgment creditor and the receiver could not claim immunity and were liable for restitution of the value of the property sold under the void authority.
Litigation Takeaway
"A court order signed after plenary power has expired is a legal nullity; practitioners and receivers who move property or distribute funds under a void order are not protected by judicial immunity and are subject to claims for restitution and conversion."
Luis Noguera v. The State of Texas
COA01
In Luis Noguera v. The State of Texas, the defendant attempted to exercise his statutory 'absolute' right to sever consolidated criminal charges on the morning of trial. Despite having six months' notice of the State's intent to try the cases together, the defense failed to file a pretrial motion and instead raised the issue orally just before jury selection. The First Court of Appeals analyzed the request under the Texas Code of Criminal Procedure, which treats severance as a pretrial pleading. The court held that because the request was not raised pretrial, it was untimely, and the trial court did not err in denying it despite the mandatory nature of the underlying right.
Litigation Takeaway
"Never wait until the morning of trial to invoke 'mandatory' procedural rights like severance, bifurcation, or separate trials. Even absolute entitlements are subject to timeliness requirements; if you fail to raise these issues in writing during the pretrial phase, you likely waive the right and fall into a preservation trap that appellate courts will not rescue."
Trevino v. State
COA13
In Trevino v. State, a defendant facing intoxication manslaughter charges attempted to prevent the prosecution from presenting graphic evidence—such as autopsy photos and scene footage—by offering to 'stipulate' (legally admit) to his intoxication and the resulting fatalities. He argued that because he conceded these facts, the evidence was unnecessarily prejudicial under Texas Rule of Evidence 403. The Thirteenth Court of Appeals disagreed, holding that while stipulations are required for 'prior conviction' elements, they do not give a party the power to strip the opponent of the right to tell the full narrative of the current incident. The court concluded that the State was entitled to present the 'full evidentiary force' of the case to provide context and support its theories of the crime.
Litigation Takeaway
"In family law disputes involving domestic violence or substance abuse, an opposing party cannot 'stipulate away' your right to show the court the full story. Admitting that an incident happened does not automatically block you from using high-impact evidence like 9-1-1 calls, photos, or police videos to show the court the true severity of the situation."
Chenier v. State
COA01
In Chenier v. State, a defendant appealed his murder conviction, contending that the trial judge made improper comments during voir dire and violated the Confrontation Clause by limiting the cross-examination of a witness regarding third-party bias and threats. The First Court of Appeals analyzed the judge's voir dire remarks as explanatory hypotheticals regarding legal elements rather than biased commentary on the evidence. Regarding the cross-examination, the court emphasized that while defendants have a right to explore witness bias, trial courts maintain discretion to limit testimony that is speculative or marginally relevant. The court held that because the defense failed to provide a concrete offer of proof linking the alleged third-party threats to the witness's specific motive to testify, the trial court's limitations were reasonable and the conviction was affirmed.
Litigation Takeaway
"To successfully impeach a witness based on third-party threats or intimidation, you must establish a concrete logical link between the threat and the witness's motive to lie; without a specific offer of proof connecting the two, trial courts have broad discretion to limit your cross-examination."
Pyrtle v. Fowler
COA14
In Pyrtle v. Fowler, a dispute arose between former cohabitants regarding the ownership and use of a home and a 2012 Lexus. The trial court granted a temporary injunction allowing the plaintiff to remain in the home and retain control of the vehicle pending trial. On appeal, the Fourteenth Court of Appeals analyzed whether these assets met the requirements for equitable relief. The court held that while real property is considered unique and justifies an injunction to preserve the status quo, personal property like vehicles does not qualify because any harm can be adequately compensated through money damages (such as rental costs or loss-of-use value). Consequently, the court affirmed the injunction as to the residence but struck down the provisions regarding the motor vehicles.
Litigation Takeaway
"While courts will readily issue injunctions to protect your right to occupy a unique residence during a lawsuit, they generally will not do the same for vehicles or personal property because those losses can be fixed with a check for damages."
Marquez v. State
COA11
In Marquez v. State, the defendant appealed a felony DWI conviction, arguing that the evidence was insufficient because no law enforcement officer personally observed him driving. The Court of Appeals for the Eleventh District of Texas analyzed the "operation" element of a DWI charge using a totality-of-the-circumstances test. The court reviewed evidence including a civilian witness's identification of the defendant as the driver, police finding the defendant alone in the driver’s seat of a running vehicle, and the defendant’s immediate flight and attempt to hide from officers. The court held that circumstantial evidence is as probative as direct evidence and that the cumulative force of these factors was legally sufficient to prove the defendant operated the vehicle while intoxicated beyond a reasonable doubt.
Litigation Takeaway
"You do not need a 'smoking gun' or direct eyewitness testimony from a police officer to prove substance abuse or endangerment in court. Judges can rely on 'circumstantial markers'—like being found in the driver's seat of a running car or attempting to flee the scene—to establish a pattern of dangerous conduct that justifies restrictive parenting plans, supervised visitation, or protective orders."
KSW Rail Group, LLC v. SLI, Inc.
COA05
SLI, Inc. sued KSW Rail Group, LLC using its registered assumed name and obtained a default judgment via substituted service. KSW challenged the judgment, arguing the court lacked jurisdiction because the legal entity was not properly named in the citation and the return of service was technically deficient. The Dallas Court of Appeals applied the 'misnomer' doctrine, ruling that serving an entity under its registered d/b/a effectively invokes jurisdiction over the legal entity. Furthermore, the court held that Rule 118 allows for the post-judgment amendment of a return of service to reflect the truth of service and demonstrate strict compliance with a substituted service order. The court affirmed the default judgment, holding that technical clerical errors in a return do not void service if they can be cured by amendment.
Litigation Takeaway
"Technical errors in a process server's return of service aren't necessarily fatal to a default judgment; Rule 118 allows you to retroactively fix the record to reflect that proper service actually occurred. Additionally, if a party is using a registered assumed name (d/b/a), serving them under that name is legally sufficient to bind the actual legal entity."
Raven Robert Rodriguez v. State
COA11
Raven Robert Rodriguez was convicted of capital murder following the stabbing death of his long-term partner. On appeal, Rodriguez argued that the trial court erred by failing to limit the definitions of 'intentionally' and 'knowingly' in the jury charge and by admitting evidence of his prior acts of domestic violence against the victim. The Eleventh Court of Appeals held that while the jury charge was technically erroneous, it did not result in egregious harm given the overwhelming evidence of guilt, including the defendant's admission and surveillance footage. Crucially, the court upheld the admission of prior domestic violence incidents, finding them relevant to establishing the nature of the relationship and the defendant's pattern of conduct.
Litigation Takeaway
"To successfully prove a pattern of domestic violence in family law cases, practitioners should prioritize objective corroboration—such as surveillance video, medical records, and photos—to supplement testimony. When prior acts of violence against the same partner are well-documented, they are highly admissible to establish context and risk, and appellate courts are unlikely to reverse such findings even if technical instructional errors occur at trial."
DePriest v. DePriest
COA14
In this post-decree dispute, a husband sought amended Qualified Domestic Relations Orders (QDROs) after plan administrators rejected the originals. The wife filed counterclaims for fraud and breach of contract, attempting to relitigate the property division established in the final 2019 decree, which had already been affirmed on appeal. The trial court dismissed the wife's claims for lack of subject-matter jurisdiction. The Fourteenth Court of Appeals affirmed the dismissal, ruling that a trial court lacks the authority to substantively alter or "undo" a final property division once plenary power has expired and appellate remedies are exhausted. The court also held that the wife waived her right to 45-day trial notice under Rule 245 by participating in the hearing without objection.
Litigation Takeaway
"A final divorce decree affirmed on appeal is truly final; parties cannot use post-decree enforcement or QDRO proceedings as a vehicle to revive old disputes or launch collateral attacks on the original property division. Furthermore, procedural rights like trial notice are waived if you participate in a hearing without making a timely objection."