Opinion Library

In the Interest of J.A.E., III, J.R.E, J.A.E., J.E.E., and J.E.W.E., Children

COA14

In this Department conservatorship appeal, the mother argued the final order was void because the trial court signed it more than 90 days after trial allegedly commenced under Texas Family Code § 263.4011. The Fourteenth Court of Appeals rejected that argument. It held the trial court properly extended the Chapter 263 dismissal deadline based on extraordinary circumstances, and trial truly commenced before that deadline when the parties appeared, the court addressed preliminary matters, admitted an exhibit, and heard testimony from a sworn witness. The court then analyzed the statutory text and the Supreme Court’s guidance in In re G.X.H., emphasizing that § 263.401 expressly makes failure to timely commence trial jurisdictional, while § 263.4011 does not impose dismissal or loss of jurisdiction for failing to render a final order within 90 days. Because the Legislature provided mandamus as the remedy for a missed 90-day rendition deadline, the late final order was mandatory-error territory, not a jurisdictional defect. The court affirmed.

Litigation Takeaway

"Not every mandatory deadline makes a judgment void. If trial timely commences under Chapter 263, a later failure to render a final order within 90 days under § 263.4011 should be challenged promptly by mandamus, not saved for a post-judgment argument that the court lost subject-matter jurisdiction. And if you are relying on a "commence and recess" setting, make a real trial record with appearances, rulings, admitted evidence, and sworn testimony."

Staples v. State

COA01

In Staples v. State, the First Court of Appeals held that recorded jail calls were properly authenticated under Texas Rule of Evidence 901 even without testimony from a technical witness explaining the jail’s recording system. The State authenticated the calls through a detective’s voice identification, the caller’s self-identification, date and incarceration-related details, and other contextual facts tying the recordings to the defendant. The court emphasized that Rule 901 sets only a low threshold: the proponent must offer enough evidence for a reasonable factfinder to conclude the item is what it is claimed to be, while disputes about system mechanics or possible error go to weight rather than admissibility. The trial court therefore did not abuse its discretion in admitting the recordings.

Litigation Takeaway

"If you want recorded statements admitted in family court, focus on building a practical Rule 901 foundation—voice recognition, self-identification, timing, and distinctive case-specific context—not on proving every technical detail of the recording system. Staples is a strong answer to overbroad authenticity objections in protective-order, custody, and abuse-related hearings."

City of Houston v. Tamike Crumpton

COA14

In City of Houston v. Crumpton, the Fourteenth Court of Appeals held that the City could not obtain reversal of an order denying its immunity-based summary-judgment motion because it failed to challenge an independent ground supporting that ruling: the plaintiff’s argument that the motion was premature due to incomplete discovery. The court applied the rule that when a trial court’s general order may rest on multiple independent grounds, the appellant must attack them all or affirmance is required. The court also held that the City’s effort to dismiss the Houston Airport System and George Bush Intercontinental Airport as non-jural entities was outside the scope of an interlocutory appeal under CPRC § 51.014(a)(8), because capacity or jural-existence complaints are collateral and non-jurisdictional, not immunity questions. The immunity ruling was affirmed, and the non-jural-entity portion of the appeal was dismissed for want of jurisdiction.

Litigation Takeaway

"In any interlocutory immunity appeal, attack every possible basis for the trial court’s ruling—especially a discovery-prematurity argument—or you can lose without the court ever reaching the merits. And do not assume a non-jural-entity or capacity argument can ride along in an immunity appeal; those issues usually must be handled in the trial court and preserved for a later appeal."

General trial issues

Morales v. Lowenberg

COA03

In Morales v. Lowenberg, the Austin Court of Appeals held that a settlement email satisfied Texas Rule of Civil Procedure 11 when it contained definite material terms, was accepted before the stated deadline, and ended with the sender’s typed professional signature block used to authenticate the message. The court analyzed Rule 11’s writing and signature requirements functionally rather than formalistically, concluding that the signature requirement is met when the surrounding circumstances show the sender intended the name block to authenticate the offer. Because the offeree unequivocally accepted before expiration, a binding settlement was formed, and the sender’s later attempt to revoke it was ineffective. The court affirmed enforcement of the agreement but modified the attorney’s-fees award to exclude fees unrelated to enforcing the Rule 11 settlement.

Litigation Takeaway

"Treat settlement emails like they can bind your client. In Texas family cases, an email with material terms, acceptance language, a deadline, and a typed signature block may become an enforceable Rule 11 agreement even if no formal decree or release has been signed yet. If you do not want to be bound until a later document is executed, say so expressly, and if you seek enforcement, segregate fees tied only to enforcement work."

Paul Coleman v. The State of Texas

COA01

In Paul Coleman v. State, the First Court of Appeals held that the trial court properly excluded a defense witness after she gave exculpatory direct testimony but then invoked the Fifth Amendment on cross-examination about how the complainant got to the hotel and her own role in the same events. Applying Keller and Draper, the court reasoned that a witness cannot offer a favorable partial account of a transaction and then block meaningful cross-examination on non-collateral facts central to that same transaction. Because the trial court vetted the privilege claim outside the jury’s presence, found a legitimate risk of self-incrimination, and the blocked questions went to the heart of the case rather than mere credibility impeachment, exclusion was within the court’s discretion and did not violate compulsory-process or due-process rights.

Litigation Takeaway

"If a witness with potential criminal or fraud exposure wants to help one side with favorable testimony, that witness cannot tell only the safe part of the story and then invoke the Fifth Amendment when cross-examination reaches core facts. In family cases, this gives lawyers a strong basis to seek exclusion or striking of testimony from insider witnesses whose privilege claim would gut meaningful examination on the same transaction."

In Re Dwayne Cardale McQueen

COA09

In this mandamus proceeding, McQueen asked the court of appeals to force the trial court to rule on post-judgment motions attacking a 2014 permanent injunction, arguing changed circumstances and successor-party issues made the injunction void or unenforceable. The Beaumont Court of Appeals acknowledged that Texas courts retain authority to modify or dissolve permanent injunctions when conditions materially change, but held that continuing jurisdiction does not eliminate the need for personal jurisdiction over the parties whose current rights would be affected. Because McQueen's own filings showed that different or successor interested parties were now implicated, his request for affirmative relief could not be properly pursued by motions filed in the old case alone. Without a new original petition and service of citation, absent voluntary appearance, the trial court had no ministerial duty to rule, so mandamus relief was denied.

Litigation Takeaway

"If post-judgment relief from an injunction would affect current parties who were not already properly before the court, do not rely on motion practice in the old case. File a new pleading, obtain service, and establish personal jurisdiction first—or risk losing on procedure before the merits are ever reached."

Warner v. State

COA03

In Warner v. State, the Austin Court of Appeals addressed whether Texas Code of Criminal Procedure article 38.072 requires the State’s child-outcry notice to contain a standalone summary of the child’s allegations within the four corners of the notice itself. The State identified the child’s mother as the outcry witness and referenced police statements previously produced in discovery that substantially summarized the child’s abuse disclosures. Rejecting the defendant’s proposed four-corners rule, the court focused on the statute’s purpose—preventing unfair surprise—and held that timely notice is sufficient when it identifies the witness and directs the defense to written materials already produced that fairly summarize the expected testimony. Because the notice and incorporated police statements gave the defense adequate written notice more than 14 days before trial, the trial court did not abuse its discretion in admitting the outcry testimony.

Litigation Takeaway

"Substance beats format. When notice rules require a summary of abuse-related allegations, a court may accept a notice that specifically identifies the witness and clearly incorporates previously produced written materials, rather than repeating everything in one self-contained filing. For family lawyers, the best practice is still a clean standalone summary, but if you are challenging notice, focus on prejudice, timing, witness identification, and whether the incorporated documents actually disclose the expected testimony—not just the lack of a single four-corners notice."

Termination of Parental Rights

In the Interest of S.W., a Child

COA14

In In re S.W., the Fourteenth Court of Appeals affirmed termination of parental rights after concluding legally and factually sufficient evidence showed endangerment under Texas Family Code section 161.001(b)(1)(E). The court focused on a continuing course of conduct, not a single event: Father’s coercive control over Mother, interference with her mental-health treatment, refusal to cooperate with the Department, obstruction of access to information and the home, and overall instability surrounding the newborn. Applying established endangerment standards, the court held the evidence permitted a firm conviction that the parents’ conduct jeopardized the child’s physical and emotional well-being even without proof of actual physical injury. The court also held that the same evidence supporting endangerment supported the best-interest finding under section 161.001(b)(2), so it did not need to reach the remaining predicate grounds, and Father lacked standing to challenge conservatorship after termination.

Litigation Takeaway

"Pattern evidence matters. A sustained record of coercive control, untreated mental-health issues, blocked medical care, refusal to cooperate, and household instability can support both endangerment and best interest, even without a single dramatic injury to the child. For practitioners, the case is a reminder to build or rebut a cohesive narrative tying adult conduct directly to child safety and parenting capacity."

Rothlis v. State

COA02

In Rothlis v. State, the Fort Worth Court of Appeals considered whether a 47-minute video of the defendant threatening the complainant should have been excluded under Texas Rule of Evidence 403 in a family-violence prosecution. The court held that Article 38.371 allows admission of relevant relationship evidence, including threats, domination, and coercive conduct, to help the factfinder understand the nature of the parties’ relationship. Applying the Gigliobianco Rule 403 factors, the court found the video highly probative because it showed coercive control in real time, helped explain the complainant’s behavior, and bore directly on credibility in a case largely dependent on her testimony. Because the defendant did not show that any unfair prejudice substantially outweighed that strong probative value, the trial court did not abuse its discretion by admitting the video, and the convictions were affirmed.

Litigation Takeaway

"In family-violence-related litigation, courts may admit threatening or coercive relationship evidence when it helps explain the true dynamics of the relationship, a party’s credibility, delayed reporting, minimization, or continued contact with the abuser. The key Rule 403 lesson is that emotional impact alone is not enough for exclusion; lawyers should tie the evidence to a specific live issue, while opponents should focus on narrowing, redactions, cumulativeness, and concrete improper-prejudice arguments rather than generic complaints."

Bizimana v. Ogunsanya

COA03

In this SAPCR appeal, the father challenged temporary orders governing conservatorship, child support, prenatal expenses, and interim attorney’s fees, arguing procedural and substantive error at the temporary-orders stage. The Third Court of Appeals explained that under the Family Code, SAPCR temporary orders are interlocutory and, once a final order is signed, those temporary rulings merge into and are superseded by the final judgment. Because the father’s appellate complaints were aimed primarily at the temporary orders rather than the final SAPCR order, those complaints were moot and could not support reversal. The court further noted that any attack on the final judgment had to be based on the final-hearing record, and prior temporary-hearing testimony was not part of that record unless properly admitted. Finding no reversible error in the final order itself, the court affirmed.

Litigation Takeaway

"If you want appellate relief after a final SAPCR order, challenge the final order—not just the temporary orders. Temporary rulings usually become moot once final judgment is signed, so family-law litigators must build and preserve a full final-hearing record and frame appellate issues around the final judgment’s actual provisions."