Opinion Library
Texas court rulings translated into actionable litigation strategy.
Strategy Category
358 opinions found
In re Michael David Jones
COA10
The Tenth Court of Appeals dismissed a petition for a writ of habeas corpus filed by Michael David Jones, who sought immediate release from jail regarding criminal charges. The court analyzed the Texas Government Code and the Code of Criminal Procedure, determining that intermediate appellate courts lack original jurisdiction over criminal habeas matters, as that power is reserved for the Court of Criminal Appeals, district courts, and county courts. The court held that while it has the authority to hear original habeas petitions in civil cases—such as family law contempt proceedings—it has no legal authority to reach the merits of a habeas claim arising from criminal detention.
Litigation Takeaway
"Understand the 'why' behind a client's incarceration before filing for relief. If a client is jailed for civil contempt (like unpaid child support), the Court of Appeals has original jurisdiction to hear a writ of habeas corpus. However, if the client faces criminal charges (like custodial interference), the writ must be filed in a trial court first. Filing in the wrong forum leads to a jurisdictional dismissal and keeps your client in jail longer."
In Re Jose Francisco Quintero and JQ Brick Repair & Restoration Services, LLC
COA14
In a mandamus proceeding, the Fourteenth Court of Appeals addressed whether experts who author counteraffidavits under Texas Civil Practice and Remedies Code Section 18.001 are protected from deposition by the consulting expert privilege. The trial court had ordered the depositions of four experts who provided counteraffidavits but were not designated as testifying witnesses. Analyzing Texas Rules of Civil Procedure 192.3(e) and 192.7, the appellate court determined that because the experts were not designated to testify and their work was not reviewed by any testifying experts, they remained privileged consultants. The court held that serving a counteraffidavit does not constitute a waiver of the consulting expert privilege, and thus the trial court abused its discretion by compelling the depositions.
Litigation Takeaway
"Attorneys can effectively challenge the reasonableness of medical or professional expenses by using Section 18.001 counteraffidavits from consulting experts who remain immune from deposition, so long as those experts are never designated to testify and their work product is not shared with testifying experts."
Ford v. State
COA13
In Ford v. State, a defendant appealed his capital murder conviction, challenging the seizure of evidence from a vehicle registered in his name. The Thirteenth Court of Appeals analyzed whether a party maintains a Fourth Amendment 'reasonable expectation of privacy' in property that has been legally awarded to an ex-spouse. The court held that a final divorce decree serves as a constitutional boundary; because the decree awarded the vehicle to the victim, the defendant's possessory and privacy interests were extinguished. As a result, the defendant lacked standing to challenge the search, regardless of whether the title had been formally transferred.
Litigation Takeaway
"A final divorce decree is a powerful tool that immediately terminates a spouse's privacy rights in awarded property. Practitioners should draft decrees with extreme specificity—including VINs and clear divestiture clauses—to ensure that an ex-spouse cannot later claim constitutional protections to block the discovery of evidence or the enforcement of property rights."
Landry v. Currie
COA10
After a catastrophic motor vehicle accident involving an intoxicated employee, the Tenth Court of Appeals affirmed findings of negligent entrustment and respondeat superior liability against a business owner and his entity. The court analyzed whether the owner's direction for the employee to return a vehicle to a "company yard" fell under the "mission" exception to the coming-and-going rule, concluding the employee was acting within the scope of his employment. Ultimately, the court held that the owner was individually liable for negligent entrustment because the duty of care extends to the specific circumstances of the entrustment, and it upheld multi-million dollar noneconomic damage awards for physical impairment and mental anguish.
Litigation Takeaway
"Business owners and their spouses must be aware that individual liability for 'negligent entrustment' can create massive community debts that may liquidate family assets during a divorce; however, an innocent spouse may have a claim for 'waste' or 'reconstitution' if the other spouse's gross negligence led to the liability."
TX-STAR SPEECH-LANGUAGE SERVICES, CORP. v. ANDREA SABATINO AND ELITE LEARNING SOLUTIONS, LIMITED LIABILITY COMPANY
COA13
In TX-STAR Speech-Language Services, Corp. v. Sabatino, the appellant appealed a trial court's order that denied a motion to seal court records. While the appeal was pending, the parties reached a settlement agreement and filed a joint motion to dispose of the appeal. The Thirteenth Court of Appeals analyzed Texas Rule of Appellate Procedure 42.1(a)(2)(B), which allows an appellate court to set aside a trial court's judgment without regard to the merits and remand the case for rendition of judgment in accordance with an agreement. The court granted the motion, vacating the trial court’s original order and remanding the case, effectively allowing the parties to bypass the unfavorable sealing ruling through their settlement.
Litigation Takeaway
"Parties can use the appellate process to "wipe the slate clean" after an unfavorable trial court ruling on sensitive issues like sealing records. By leveraging TRAP 42.1(a)(2)(B) as part of a settlement, litigants can secure a vacatur of a lower court's order without a merits-based review, providing a strategic "delete button" for public records or adverse interlocutory findings."
In the Matter of M.A.R. Jr., A Child
COA13
The Thirteenth Court of Appeals affirmed a juvenile court's order committing a minor, M.A.R. Jr., to the Texas Juvenile Justice Department (TJJD). The conflict centered on whether the State had satisfied the "reasonable efforts" requirement of the Texas Family Code before removing the child from his home environment. Despite the child's diagnoses of autism and ADHD and his father's willingness to take custody, the Court analyzed the extensive history of failed interventions—including community supervision, psychiatric services, and a residential facility placement where the minor accumulated hundreds of incident reports. The Court held that the evidence was legally and factually sufficient to support the finding that local resources were exhausted and that commitment was necessary for the child's rehabilitation and public safety.
Litigation Takeaway
"When a child's removal from the home is at stake due to behavioral issues, the 'paper trail' is everything; a documented history of 'graduated sanctions' and failed local interventions is often the deciding factor in satisfying the legal 'reasonable efforts' standard."
AOC TX, LLC d/b/a Angels of Care Pediatric Home Health v. Naomi Landeros and Carlos Silva, Individually and as Next Friend of O.S., Deceased Minor
COA08
In this medical liability case involving the tragic death of a medically fragile infant, the parents sued a home health provider. The defendant challenged the qualifications of the parents' nurse and physician experts, arguing they were not 'practicing' at the time required by law. The El Paso Court of Appeals strictly interpreted Texas Civil Practice and Remedies Code § 74.402, finding that because the nurse had not practiced since 2021 and the doctor retired in 2019—while the claim arose in 2023—they failed the mandatory temporal requirements for experts. The court held the trial court abused its discretion in accepting the reports and reversed the ruling, though it remanded the case to allow the parents an opportunity to cure the technical deficiencies.
Litigation Takeaway
"Expert experience alone is insufficient if it is not contemporaneous with the case; to survive a motion to strike, an expert must be in active clinical practice or teaching at an accredited institution at the time the claim arose or when testimony is given. In family law cases involving medically fragile children or specialized needs, practitioners must scrutinize the 'active' status of experts to ensure their testimony is not disqualified for being out-of-date."
In the Interest of G.M.D. & V.D., Children and In the Interest of Z.J.M., A Child
COA01
The First Court of Appeals affirmed a trial court's decision to terminate a mother’s parental rights to her three children. The case centered on the mother's long history of heroin addiction and untreated mental health crises, including a suicide attempt occurring while the children were present. In its analysis, the appellate court first determined that because the mother failed to challenge every legal "predicate ground" cited by the trial court in her appeal, those unchallenged findings became binding. Furthermore, applying the 'Holley' factors, the court found that the mother's recurring drug relapses and mental instability posed a significant danger to the children, making termination necessary for their safety and best interests.
Litigation Takeaway
"When appealing a termination of parental rights, an appellant must challenge every individual predicate ground found by the trial court; failing to contest even one ground can lead to an automatic affirmance. Additionally, evidence of chronic substance abuse and untreated mental illness remains a powerful factor in establishing that termination is in a child's best interest."
Jennifer Jo Stricker v. The State of Texas
COA05
In Stricker v. State, the Dallas Court of Appeals addressed a trial court's exclusion of a public spectator during jury selection due to a large venire panel filling the courtroom. The appellate court analyzed the closure under the Sixth Amendment right to a public trial, applying the four-prong Waller v. Georgia test. Because the trial court failed to consider reasonable alternatives to accommodate the spectator or make specific findings on the record justifying the closure, the court held that the exclusion constituted a structural error. Consequently, the judgment was reversed and the case remanded for a new trial without the need for a showing of actual harm.
Litigation Takeaway
"Limited seating or a crowded gallery is not a valid legal reason to exclude public spectators from a jury trial; doing so without specific constitutional findings creates a 'structural error' that can automatically void your entire case on appeal regardless of the evidence."
In The Interest of G.M.D. & V.D., Children And In The Interest of Z.J.M., A Child
COA01
In this termination of parental rights case, a mother appealed the trial court's decision to end her legal relationship with three of her children following a history of chronic substance abuse and mental health crises. The mother challenged only one of the five legal grounds (predicate acts) cited by the trial court for termination. The Court of Appeals affirmed the termination, explaining that under Texas law, an appellant must challenge every predicate ground found by the trial court; otherwise, the unchallenged grounds stand as sufficient. The court then applied the 'Holley' factors to the evidence—including the mother's history of heroin and methamphetamine use and the children's success in stable foster placements—and concluded that termination was clearly in the children's best interest.
Litigation Takeaway
"When appealing a termination of parental rights, it is a procedural necessity to challenge every single 'predicate ground' listed in the trial court's order; failure to contest even one ground can result in an automatic loss on that portion of the appeal. Additionally, historical evidence of substance abuse and mental health instability continues to be a primary driver in 'best interest' determinations by Texas courts."