Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
760 opinions found
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."
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 R.D.E., a Child
COA05
In this case, a mother voluntarily placed her child in an Iowa guardianship, which was later domesticated in Texas. When the non-parent guardian filed a Texas SAPCR and the mother sought to terminate the guardianship, the trial court consolidated the two proceedings. The Dallas Court of Appeals affirmed this consolidation, holding that trial courts have broad discretion to combine related cases to prevent conflicting orders. The court further determined that the mother's challenges to the 'parental presumption' were either waived due to her failure to provide proper record citations in her brief or were unsupported because the existing voluntary guardianship had already altered the legal landscape regarding the child's best interests.
Litigation Takeaway
"Voluntarily entering into a guardianship—even in another state—can significantly weaken the legal 'parental presumption' in future Texas custody battles. Additionally, appellate courts strictly enforce procedural rules; failing to include specific record citations in a brief can lead to the automatic waiver of your most critical arguments."
Absolute Oil + Gas, LLC v. Chord Energy Corp.
COA01
In Absolute Oil + Gas, LLC v. Chord Energy Corp., the trial court severed dismissed tort and unjust enrichment claims from an ongoing contract dispute to create a final, appealable judgment. The First Court of Appeals analyzed the severance under the three-prong Guaranty Federal test, focusing on whether the claims were 'factually interwoven.' The court found that because all claims stemmed from the same alleged collusive scheme to inflate costs and shared identical parties and evidence, severance risked inconsistent rulings—particularly regarding whether an express contract barred quasi-contractual recovery. The court held that the trial court abused its discretion, reversing the severance order because the claims were inextricably linked by shared operative facts.
Litigation Takeaway
"Prevent 'divide and conquer' tactics in complex property litigation by using the Interwoven Claims Doctrine to block the severance of tort claims (like fraud on the community) from the main property division, ensuring a single, cohesive 'just and right' adjudication."
In re Kirt McGhee
COA09
In a dispute over attorney’s fees, a trial court ordered a party to produce unredacted billing invoices and supplemental expert disclosures, despite a prior appellate ruling that the original disclosures were sufficient. The Ninth Court of Appeals conditionally granted mandamus relief, holding that the 'law of the case' doctrine prevented the trial court from revisiting the adequacy of disclosures already validated on appeal. The court further clarified that seeking attorney's fees does not result in an automatic waiver of attorney-client privilege for billing descriptions and that a party cannot be compelled to produce records that are no longer in their possession or control.
Litigation Takeaway
"Requesting attorney’s fees does not waive your right to redact privileged strategy and communications from your billing records; additionally, once an appellate court confirms your expert disclosures are adequate, the trial court cannot force you to supplement them with more detail on remand."
Mahasneh v. Mahasneh
COA02
A former wife sought a protective order against her ex-husband after he engaged in a persistent pattern of stalking, including placing a GPS tracker on her vehicle and surveilling her workplace. The trial court issued a 30-year protective order under Chapter 7B of the Texas Code of Criminal Procedure and awarded her attorney's fees. On appeal, the Second Court of Appeals examined whether the evidence supported such a long duration and whether the attorney's fees were sufficiently proven. The court affirmed the 30-year protective order, ruling that Chapter 7B allows for long-term orders based on stalking without the "future family violence" findings required by the Family Code. However, the court reversed the attorney's fees award, holding that counsel's testimony was too conclusory and failed to meet the strict "lodestar" requirements—specifically failing to detail the hours worked, the hourly rate, and the specific tasks performed.
Litigation Takeaway
"Winning a protective order does not exempt you from strict evidentiary rules for attorney's fees; always provide a detailed "lodestar" breakdown—including specific tasks, hours, and rates—or risk losing the fee award on appeal. Additionally, consider utilizing Chapter 7B of the Code of Criminal Procedure for stalking cases, as it can provide longer-term protection than the Family Code with different evidentiary requirements."
In the Matter of the Marriage of Njipwo
COA07
In a Williamson County divorce case, the husband insisted that Cameroon law govern the property division. When the trial court rejected this, the husband explicitly requested on the record to discharge his attorney and signed a handwritten withdrawal order to proceed pro se. The trial court subsequently divided the marital estate based on unsworn property spreadsheets and attorney statements. On appeal, the husband challenged both the withdrawal of his counsel and the evidentiary basis of the property division. The Amarillo Court of Appeals affirmed the decree, holding that the "invited error" doctrine precluded the husband from complaining about a withdrawal he specifically requested. Additionally, the court found that the husband waived any objection to unsworn evidence by failing to object at trial and proceeding on an agreed factual basis.
Litigation Takeaway
"Be cautious when making mid-trial demands; once you explicitly request a procedural change—such as discharging your lawyer—or fail to object to the use of unsworn property summaries, the "invited error" and waiver doctrines may permanently bar you from challenging those issues on appeal."
Gary D. Pickens v. City of Greenville, Texas
COA05
In Pickens v. City of Greenville, a plaintiff filed a mandamus action under the Texas Public Information Act (PIA) after a city failed to respond to multiple record requests. After the suit was filed, the parties entered into a Rule 11 settlement agreement where the City 'voluntarily' produced the records. The trial court subsequently denied the plaintiff's request for mandatory attorney's fees and dismissed the case as moot. The Dallas Court of Appeals affirmed, holding that to 'substantially prevail' under Texas Government Code § 552.323(a), a plaintiff must obtain judicially sanctioned relief—such as a court order or judgment—that materially alters the legal relationship between the parties. Because the production was secured via a contract (Rule 11) rather than a judicial mandate, the plaintiff did not meet the prevailing party standard.
Litigation Takeaway
"To recover attorney's fees in a Public Information Act mandamus action, do not accept a 'voluntary' production via a Rule 11 agreement. You must secure a signed court order or an agreed final judgment that explicitly compels the production of documents to ensure your client qualifies as a 'prevailing party.'"
In the Interest of K.B., a Child
COA12
In the Interest of K.B., the Twelfth Court of Appeals reviewed the termination of parental rights where the parents challenged the sufficiency of evidence for endangerment and the admission of hearsay statements from the child’s siblings. The court analyzed the 'excited utterance' exception, determining that the siblings' visible distress—including crying and fearful demeanor—was a sufficient foundation for admitting their statements regarding the parents' intoxication. Furthermore, the court found that driving while intoxicated with a child in the vehicle, combined with neglectful physical conditions, provided legally and factually sufficient evidence of endangerment under Texas Family Code Section 161.001(b)(1). The court held that the termination was in the child's best interest and affirmed the trial court's decree.
Litigation Takeaway
"Simply 'checking the boxes' of a service plan is insufficient for parents to avoid termination if they fail to acknowledge the underlying issues, such as substance abuse; additionally, visible physical manifestations of a child's stress can provide the necessary predicate to admit hearsay under the excited utterance exception."
Justin Eugene Howard v. The State of Texas
COA06
In Howard v. State, the Sixth Court of Appeals addressed the requirement for jury unanimity when the State proves multiple distinct criminal acts to support a single charged count. The defendant was convicted of three counts of child sex offenses, but argued on appeal that the jury charge failed to require the jurors to agree on which specific incident formed the basis of the conviction for two of those counts. The court affirmed Count I because the evidence described only one discrete act for that timeframe, making a general unanimity instruction sufficient. However, it reversed Counts II and III, holding that the State's reliance on a 'course of conduct' narrative without a specific-unanimity instruction created a risk of a non-unanimous 'patchwork' verdict, which constituted egregious harm under the Almanza standard.
Litigation Takeaway
"In cases involving 'multiple acts over time'—common in protective orders and SAPCR proceedings—litigators must force the opposing party to identify specific, discrete incidents rather than relying on a generalized course of conduct. Failure to demand this specificity allows a factfinder to reach a 'composite' finding based on different incidents, whereas requiring incident-level clarity creates a stronger record for appeal and prevents relief based on vague, aggregated allegations."