Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
723 opinions found
Blevins v. Brown
COA07
In Blevins v. Brown, a plaintiff filed suit for slander and tortious interference but failed to include specific factual details regarding the alleged defamatory statements. After the defendant filed a Rule 91a motion to dismiss, the plaintiff attempted to file an amended petition on the day of the hearing to cure the defects. The Seventh Court of Appeals analyzed the conflict between the general amendment provisions of Rule 65 and the specific requirements of Rule 91a.5(c), determining that the specific three-day deadline for Rule 91a amendments is mandatory and supersedes general rules. The court held that the trial court properly refused to consider the late amendment and affirmed the dismissal, ruling that defamation claims lacking specific factual predicates constitute legally baseless 'threadbare recitals.'
Litigation Takeaway
"Precision is paramount when pleading 'crossover' torts like defamation in family law; you must provide specific facts—the who, what, when, and where—in your petition and remember that the Rule 91a amendment window closes strictly three days before the hearing."
In the Interest of M.B., a Child
COA02
In a private termination suit brought by grandparents, the trial court failed to appoint an amicus attorney or attorney ad litem for the child. The Second Court of Appeals analyzed Texas Family Code Section 107.021(a-1), which states that a court 'shall' appoint a representative unless it specifically finds the child’s interests are adequately represented by a non-conflicted party. Because the trial court made no such finding and acknowledged the child's interests were unrepresented, the appellate court held that the failure to appoint a representative was a mandatory statutory error. The court concluded this constitutes reversible error that is not subject to a harmless error analysis, necessitating a new trial.
Litigation Takeaway
"In private termination and adoption proceedings, the appointment of a representative for the child is a non-discretionary statutory duty; trial counsel must ensure an amicus or ad litem is appointed or obtain an express 'no-conflict' finding on the record to prevent the judgment from being automatically reversed on appeal."
Nicholson v. Nationstar Mortgage LLC
COA02
Harriet Nicholson, a declared vexatious litigant, filed a pro se restricted appeal without obtaining a mandatory prefiling order from the local administrative judge. The Second Court of Appeals analyzed Chapter 11 of the Texas Civil Practice and Remedies Code, which requires such litigants to obtain written permission before initiating new litigation, including appeals. The court determined that under Section 11.1035, it had an affirmative duty to dismiss the case because it was filed without the required permit. Because Nicholson failed to provide the necessary order—and instead provided an order showing the administrative judge had specifically denied her request—the court held it lacked authority to hear the appeal and dismissed the case.
Litigation Takeaway
"When facing a high-conflict pro se opponent, check the Office of Court Administration’s vexatious litigant list; if they are listed, any appeal they file without a permit from the local administrative judge is procedurally fatal and can be dismissed without the need to argue the merits."
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."
Hyde v. Aero Valley Property Owners Association, Inc.
COA02
The Hyde Parties appealed a summary judgment regarding airport management authority but only targeted the primary appellee (POA), intentionally excluding twenty-five intervening property owners who had been awarded identical declaratory relief in the same judgment. The Fort Worth Court of Appeals analyzed the 'doctrine of entangled interests' and the finality of unchallenged judgments, concluding that when a party fails to challenge a portion of a judgment granting the same relief to an intervenor as it does to the primary appellee, that portion remains binding. The court held that because the judgment in favor of the intervenors became final and could not be disturbed, the appeal against the POA was rendered moot, necessitating an affirmance of the entire judgment without reaching the underlying merits.
Litigation Takeaway
"In cases involving intervenors—such as grandparents in custody battles or business entities in property divisions—failing to specifically name and challenge the relief granted to those third parties in your appeal can result in a total waiver of your right to challenge the judgment as a whole."
Adam Horwitz v. City of Denton, et al.
COA02
In this case, Appellant Adam Horwitz attempted to appeal interlocutory orders granting a plea to the jurisdiction and a motion to dismiss. Horwitz filed his notice of appeal nearly three months after the orders were signed, mistakenly believing that his filing of a motion for new trial extended the appellate deadline to 90 days, a belief reinforced by the trial court's docket labeling the orders as 'Final.' The Second Court of Appeals analyzed Texas Rules of Appellate Procedure 26.1(b) and 28.1, which stipulate that accelerated appeals from interlocutory orders must be filed within 20 days and are not extended by motions for new trial. The court held that because the orders did not dispose of all parties and claims, they were interlocutory, the 20-day deadline applied, and the appeal must be dismissed for lack of jurisdiction.
Litigation Takeaway
"Never rely on a Motion for New Trial to extend your appellate deadlines for interlocutory orders. In accelerated appeals—common in family law for jurisdictional disputes or temporary injunctions—you must file your notice of appeal within 20 days of the signature, or you risk losing your right to appeal entirely."
In the Interest of T.M., a Child
COA11
In this parental termination case, the Department sought to terminate a mother's rights after her child, T.M., tested positive for methamphetamine, cocaine, and marijuana. The mother contended the exposure was accidental due to her work as a hotel housekeeper, but the Department also cited her failure to keep the child away from a drug-using father. The Court of Appeals analyzed the endangerment findings under Texas Family Code § 161.001(b), determining that the mother's choice to bring the child to a high-risk workplace and allow unsupervised contact with the father supported endangerment. However, the Court also scrutinized the Department's compliance with Section 161.001(f), which requires clear and convincing evidence of reasonable efforts to return the child. Ultimately, the Court issued a partial reversal and remand, holding that the Department failed to satisfy its high evidentiary burden for every mandatory statutory finding required to support the irrevocable termination of parental rights.
Litigation Takeaway
"Drug exposure is not a "universal solvent" that excuses the Department from its burden of proof; practitioners must ensure that every statutory element, particularly the requirement for reasonable reunification efforts under Section 161.001(f), is supported by clear and convincing evidence to avoid reversal on appeal."
In the Interest of K.A.E.E. and K.M.-A.E., Children
COA10
The Department of Family and Protective Services sought to terminate parental rights following incidents of domestic violence and substance abuse. Despite being offered relocation assistance and shelter services, the mother chose to return to an abusive environment with the father and violated a court-ordered safety plan. The Tenth Court of Appeals analyzed the case under Texas Family Code Section 161.001(b)(1)(D) and (E), emphasizing that endangerment occurs when a parent prioritizes an abusive relationship over a stable environment, even without evidence of actual injury to the child. The court held that the parents' continued association and rejection of safety resources constituted clear and convincing evidence to support termination and the best-interest finding.
Litigation Takeaway
"In termination proceedings, a parent's affirmative decision to reject domestic violence resources and return to an abuser in violation of a safety plan is potent evidence of endangering conduct, as 'endangerment' does not require a child to suffer actual physical injury."
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."
In re Brandon Charles Cole
COA05
Relator Brandon Charles Cole filed a petition for writ of mandamus after the trial court denied his motions to recuse in two related cases. The Dallas Court of Appeals analyzed the petition on both procedural and substantive grounds. Procedurally, the court found the Relator failed to provide a sworn or certified record of the trial court proceedings as required by Texas Rules of Appellate Procedure 52.3 and 52.7. Substantively, the court applied Texas Supreme Court precedent holding that a denial of a motion to recuse does not satisfy the 'no adequate remedy by appeal' requirement for mandamus relief. The court held that because the recusal issue can be raised on appeal following a final judgment, mandamus intervention is unavailable, and the petition was denied.
Litigation Takeaway
"You cannot use a mandamus petition to immediately overturn a judge's refusal to recuse themselves; instead, you must proceed to trial and reserve the issue for a standard appeal after the final decree. Furthermore, any attempt at mandamus requires a strictly certified or sworn record—procedural errors alone are sufficient for the appellate court to dismiss your petition."