Opinion Library
Texas court rulings translated into actionable litigation strategy.
Strategy Category
358 opinions found
In the Interest of S.A., A.A., A.L.A., Children
COA13
The Thirteenth Court of Appeals affirmed the termination of parental rights for M.R. and B.J.A. after their three children were found to have suffered severe physical abuse, neglect, and drug exposure. Despite the mother’s technical completion of some service plan requirements, the court found that her failure to secure stable housing, inconsistent visitation, and lack of accountability for the children's injuries—including a fractured tibia and positive drug tests—created a continuing endangering environment. The court held that under the Texas Family Code, the evidence of endangering conduct and environments was clear and convincing, and termination was in the best interest of the children.
Litigation Takeaway
"Simply 'checking the boxes' of a court-ordered service plan is not enough to prevent the termination of parental rights; Texas courts require evidence of actual behavioral change and a demonstrated ability to provide a safe, stable environment."
In Re Aaron Nicholas Thomas
COA09
The Relator sought a writ of mandamus to vacate a default judgment in a suit to modify the parent-child relationship (SAPCR), claiming the trial court abused its discretion by denying his request to participate via Zoom as a disability accommodation and by entering judgment without proper service. The Ninth Court of Appeals denied the petition, finding that the Relator’s own medical evidence—which stated he could sit and work for eight hours—contradicted his claim that he could not attend court in person. Furthermore, the court determined that the Relator had made a general appearance, which waived any defects in service under Rule 124, and that a standard appeal provided an adequate legal remedy to challenge the final judgment.
Litigation Takeaway
"Making a general appearance in a case waives your right to challenge service of process later, and requests for disability accommodations must be backed by specific medical evidence that directly links a condition to an inability to attend court in person."
In Re Germania Farm Mutual Insurance Association
COA13
In an insurance appraisal dispute, a trial court struck a contractually appointed neutral umpire and unilaterally appointed a replacement based on the homeowner's claim of bias. The evidence of bias was solely a prior order from an unrelated case where another judge had set aside one of the umpire's awards. The Thirteenth Court of Appeals held that the trial court abused its discretion, concluding that 'prior bad acts' in unrelated matters do not meet the high evidentiary bar for 'evident partiality.' The court emphasized that specific evidence of bias in the current proceeding is required and that trial courts cannot ignore contractually mandated selection processes when appointing replacements.
Litigation Takeaway
"Parties cannot disqualify a court-appointed professional—such as a custody evaluator or receiver—based on vague reputations or prior adverse rulings in unrelated cases; disqualification requires specific, admissible proof of bias or partiality within the current litigation."
CB Sanders v. The State of Texas
COA07
In Sanders v. State, the Seventh Court of Appeals addressed whether an appeal has merit after a defendant enters a 'plea of true' to violating community supervision. The appellant, who was originally on deferred adjudication for promoting prostitution, admitted to ten violations. The court analyzed the case under the Anders framework, which requires an independent review of the record for nonfrivolous issues. The court held that because a 'plea of true' constitutes sufficient evidence standing alone to support an adjudication of guilt, the appeal was meritless. This ruling confirms that such admissions are legally conclusive, leaving no room for a defendant to challenge the evidentiary basis of the trial court's judgment.
Litigation Takeaway
"A criminal 'plea of true' is a powerful judicial admission that can be leveraged in family law litigation. If a parent admits to criminal violations in a criminal court, they are effectively barred from denying that conduct in a custody or divorce case, making it much easier to prove that their behavior is not in the child's best interest."
In Re Biles
COA14
Sarah Paige Biles sought a writ of mandamus to compel a trial court to enter a final judgment based on a 2024 Mediated Settlement Agreement (MSA) and to vacate temporary orders issued over a year later. The Fourteenth Court of Appeals denied the petition, holding that Biles failed to meet the heavy burden required for mandamus relief. The court concluded she did not demonstrate that the trial court's refusal to sign the decree was a clear abuse of discretion or that she lacked an adequate remedy through the standard appellate process once a final judgment is eventually signed.
Litigation Takeaway
"A binding Mediated Settlement Agreement (MSA) does not guarantee immediate enforcement through a writ of mandamus; to bypass the standard appeal process, you must provide a specific record showing that the trial court\'s delay or intervening orders will cause irreparable harm that cannot be corrected on appeal."
Westyn Gregory Whetstone v. The State of Texas
COA07
In Whetstone v. State, a defendant was convicted of Class B misdemeanor criminal trespass, but the trial court's written judgment incorrectly recorded the offense as a more serious Class A misdemeanor involving a habitation. On appeal, the Seventh Court of Appeals performed an independent review of the record and found that the State had explicitly abandoned the higher charge before the jury was instructed. Applying Texas Rule of Appellate Procedure 43.2(b), the court analyzed the discrepancy as a clerical error and held that it had a mandatory duty to reform the judgment to 'make the record speak the truth.' The court modified the judgment to reflect the correct statute and offense degree, ensuring the defendant's criminal history accurately reflected the actual adjudication.
Litigation Takeaway
"Always verify the underlying record of a criminal conviction used in family law litigation; clerical errors can 'inflate' a minor offense into a serious crime, potentially unfairly biasing a judge's decision regarding child custody or parental fitness."
IN RE CHARLES DUSTIN MYERS
COA02
In In re Charles Dustin Myers, the Relator challenged an order from the 322nd District Court of Tarrant County by filing a petition for writ of mandamus and an emergency motion to stay the proceedings. The Second Court of Appeals summarily denied both requests, concluding that the Relator failed to meet the stringent two-prong test required for extraordinary relief: demonstrating a clear abuse of discretion by the trial court and proving that no adequate remedy exists through a standard appeal.
Litigation Takeaway
"Mandamus is an extraordinary remedy, not a secondary appeal; litigants must provide an impeccable record and prove that a trial court’s error is both indisputable and impossible to correct through the normal appeals process."
In the Interest of K.L., A Child
COA07
In this parental termination case, a mother appealed a court order terminating her rights after she failed to appear at the final hearing, claiming she lacked actual notice of the trial setting. The Seventh Court of Appeals affirmed the termination, ruling that the mother waived her due process challenge by failing to raise the issue in the trial court through a motion for new trial. Furthermore, the court held that under Texas Rule of Civil Procedure 21a, notice provided to a party's attorney is legally imputed to the client. The court emphasized that the mother’s specific instructions to her attorney regarding the hearing—given just days prior to the trial—established that she had actual knowledge of the proceeding, thereby satisfying constitutional notice requirements.
Litigation Takeaway
"Notice given to an attorney is legally considered notice to the client; if a party fails to appear for trial, any claim regarding a lack of notice must be preserved in the trial court via a motion for new trial or it will be waived on appeal."
Caldwell v. Quaid
COA14
In a divorce proceeding involving complex property characterization, the Husband designated an expert for tracing and valuation but failed to provide the actual tracing reports until six days before trial. The trial court excluded the late-disclosed tracing testimony while permitting testimony on the timely-disclosed valuation. On appeal, the Husband argued the exclusion constituted an improper 'death-penalty' sanction. The Fourteenth Court of Appeals affirmed the trial court's ruling, clarifying that the exclusion was a mandatory application of Texas Rule of Civil Procedure 193.6. The court held that because the ruling did not preclude the Husband's entire defense or claim, it did not rise to the level of a death-penalty sanction and was a proper exercise of discretion due to the lack of good cause or showing of non-prejudice.
Litigation Takeaway
"Discovery deadlines are strictly enforced for expert reports in property disputes; a trial continuance does not automatically reset these deadlines. Practitioners should never use 'to be provided' as a placeholder in expert designations and must produce the substance of tracing opinions within the discovery period to avoid the 'automatic' exclusion of evidence under Rule 193.6."
In re Rigolli
COA03
Jason Rigolli filed a petition for writ of habeas corpus after being confined for contempt. While the appellate court considered the petition and Rigolli was out on a personal bond, the trial court issued an amended contempt order with new purge conditions and a future deadline. The Third Court of Appeals analyzed whether a live controversy still existed and concluded the case was moot. The court held that because the original orders were superseded by the amended order and the relator was no longer confined under the challenged instruments, the appellate court could grant no effective relief.
Litigation Takeaway
"Always monitor the trial court docket during an original proceeding; if the trial court issues an amended order while your habeas petition is pending, the original challenge likely becomes moot, requiring you to file a new or supplemental petition to challenge the revised order."