Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
1102 opinions found
Dillon v. Bamford
COA03
In Dillon v. Bamford, the Austin Court of Appeals largely affirmed the trial court’s refusal to modify conservatorship, holding the father did not prove a material and substantial change in circumstances that would justify giving him the exclusive right to designate the children’s primary residence or broader tie-breaking authority. The court emphasized the deferential abuse-of-discretion standard, the conflicting evidence about parental conflict and safety concerns, and the guardian ad litem’s testimony that both parents were active, both homes were generally safe, and the children wanted the schedule to remain the same. But the court reversed the enforcement ruling on the parties’ agreed tax-dependency provision, concluding the trial court improperly rewrote the decree by shifting the father’s right to claim the children from 2019 to 2026 instead of enforcing the unambiguous odd-year allocation as written. The court affirmed the denial of enforcement as to tax year 2021 because the father failed to present sufficient proof of that alleged violation.
Litigation Takeaway
"Modification cases need concrete proof of a material change affecting the children, not just evidence of coparenting conflict or isolated parenting problems. And in enforcement proceedings, courts must enforce unambiguous decree language as written—especially tax-allocation provisions—but the movant still has to prove the violation with competent evidence year by year."
Vera v. State
COA03
In Vera v. State, the Austin Court of Appeals affirmed exclusion of a defense psychologist’s proposed testimony that stress-induced “fight-or-flight” physiology and alcohol effects reduced the defendant’s culpable mental state during a fatal bar fight. The court held the expert was qualified, but her opinions were too general and did not meaningfully connect the science to whether Vera intentionally or knowingly stabbed the victims; the testimony also risked confusing the jury by effectively smuggling voluntary-intoxication evidence in as a defense. The court further held that Vera was not entitled to a sudden-passion instruction because the escalating confrontation and intervening events did not amount to adequate cause that would render an ordinary person incapable of cool reflection.
Litigation Takeaway
"In family-law cases involving family violence, child abuse, or coercive conduct, expert testimony about trauma, dysregulation, or “fight-or-flight” must be tightly tied to a specific legal issue and the party-specific facts. Generalized psychology that merely reframes intentional conduct as reactive can be excluded as unhelpful, confusing, or an improper excuse narrative."
Morales v. Morales
COA01
In this Harris County divorce, the First Court of Appeals reviewed a property division that included confirmation of the husband’s Raspberry Lane property as separate property, a reimbursement award to the community for mortgage principal paid on that separate property, and allocation of a six-figure SBA loan tied to the wife’s LLC. The court applied the abuse-of-discretion standard governing just-and-right divisions, with sufficiency review folded into that analysis, and noted that implied findings supported the decree because no past-due notice for findings was filed. Even so, implied findings could not replace evidence. The court held the record supported treating Raspberry Lane as separate property and did not reject the reimbursement framework or equitable lien securing that award. But it concluded the trial court lacked sufficient evidentiary support to assign the SBA debt as the wife’s personal liability where the evidence showed the loan belonged to Action Ready Mix, LLC and there was no adequate proof of personal liability. Because that unsupported debt allocation could have distorted the overall just-and-right division, the court affirmed in part and reversed and remanded in part.
Litigation Takeaway
"In divorce cases, debt allocation must be proved as carefully as asset characterization. If a liability belongs to an LLC or corporation, do not assume the court can assign it personally to a spouse without loan documents, guaranties, or another legal basis. And when pursuing reimbursement for community funds used on separate property, prove the separate character, trace the payments, and tie the remedy clearly to the overall property division."
In re O.L.M., a Child
COA01
In In re O.L.M., a Child, the mother tried to directly appeal temporary orders entered in a suit to modify the parent-child relationship. The First Court of Appeals treated the issue as purely jurisdictional and explained that Texas appellate courts may review interlocutory orders only when a statute expressly permits it. Relying on Texas Family Code section 105.001(e), Texas Civil Practice and Remedies Code section 51.014, and prior cases, the court held that temporary SAPCR modification orders are not subject to interlocutory appeal. Because the mother used a notice of appeal instead of the proper potential vehicle of mandamus, the court dismissed the appeal for want of jurisdiction without reaching the merits.
Litigation Takeaway
"Do not assume an urgent temporary custody or SAPCR modification order can be appealed immediately. In Texas, temporary modification orders are generally not directly appealable, so lawyers should analyze appellate jurisdiction first, preserve a mandamus-ready record, and move quickly on mandamus if immediate review is truly necessary."
In the Interest of K.L.G., K.L.G., K.A.R.G., and K.L.G., Children
COA13
The Thirteenth Court of Appeals affirmed termination of Father’s parental rights and refused to delete the trial court’s endangerment findings under Texas Family Code § 161.001(b)(1)(D) and (E). Father did not challenge the separate subsection (N) predicate ground or the best-interest finding, so termination stood regardless, but the court still reviewed the challenged endangerment findings because of their collateral consequences. The court held the evidence was legally and factually sufficient because the record showed severe abuse and neglect of the children, and Father’s own statements showed he knew for months that Mother and her boyfriend were abusing and neglecting the children yet failed to take effective protective action. That knowledge-plus-inaction supported both environmental endangerment under subsection (D) and endangering conduct under subsection (E).
Litigation Takeaway
"In Texas family cases, a parent cannot avoid endangerment findings simply by saying, “I wasn’t the abuser.” If the evidence shows the parent knew the children were being abused or neglected and still left them in that environment without meaningful intervention, courts can uphold subsection (D) and (E) findings—with serious future consequences for custody, conservatorship, and later termination litigation."
In the Interest of A.M., a Child
COA06
The Texarkana Court of Appeals affirmed termination of both parents’ rights to A.M. after concluding the evidence was legally and factually sufficient to support Father’s predicate grounds under Family Code section 161.001(b)(1)(E) and (N) and the best-interest findings as to both parents. The court analyzed Father’s repeated incarcerations, criminal conduct, long-term absence, and inability to provide a stable home holistically rather than in isolation, holding that this pattern constituted endangering conduct and constructive abandonment. It also held that A.M.’s history of instability, trauma, failed placements, both parents’ continued incarceration, and evidence that she was moving toward acceptance of adoption supported the trial court’s finding that termination was in her best interest.
Litigation Takeaway
"In termination and other family-law cases, incarceration rarely stands alone—the winning record ties repeated criminal conduct and absence to a larger pattern of instability, lack of caregiving, and the child’s need for permanence. Trial lawyers should build a child-specific chronology showing how parental unavailability affected this child, because appellate courts will review endangerment holistically and defer heavily to credibility-based best-interest findings."
Chappell v. State
COA01
In Chappell v. State, the First Court of Appeals affirmed a life-sentence conviction for aggravated sexual assault of a child after rejecting claims of ineffective assistance and evidentiary error. The case centered on a child’s disclosure of sexual abuse to her mother, followed by testimony from the mother, stepfather, and the child about the disclosure, surrounding circumstances, and the child’s later behavioral changes. The court applied the usual Strickland framework to the ineffective-assistance claim and held the record did not overcome the presumption that counsel acted reasonably or show prejudice. On the evidentiary issues, the court emphasized preservation principles, concluding there was no preserved, harmful error in admitting the challenged disclosure-related testimony. The opinion’s practical significance is its reminder that when child outcry and related statements are involved, appellate success depends on specific, timely objections and a clear record identifying the hearsay theory and purpose of the evidence.
Litigation Takeaway
"In abuse-driven custody, SAPCR, protective-order, and termination litigation, the fight is usually won or lost through precise evidentiary objections and a clean appellate record. Don’t rely on broad hearsay complaints—identify each statement, each hearsay layer, and the exact basis for admissibility or exclusion, because preservation failures can sink both trial objections and later appellate attacks."
Aliza Groups, Inc. v. Roshan K. Noorani
COA02
The Fort Worth Court of Appeals affirmed summary judgment declaring void a deed that purported to transfer a married couple’s community homestead because the named grantor, Karim Noorani, did not sign it and the son who signed Karim’s name had no authority to do so. The court applied Texas law that a forged deed is void, not voidable, and passes no title. Roshan Noorani’s summary-judgment evidence directly established that Karim never signed the deed and that neither spouse authorized the son to execute any deed or lien on the property. The buyer’s agency and equity arguments failed because they did not create a genuine fact issue on authorization, and its appellate authority theory was not preserved because it did not match the theory raised in the trial court. The court therefore affirmed the order quieting title in Roshan’s favor.
Litigation Takeaway
"In family-property litigation, especially homestead disputes, an unauthorized signature on a deed can be attacked as a void forgery, and vague claims that a child or other family member had “authority” will not defeat summary judgment without competent evidence of actual authorization. Lock down the record early on who signed, who authorized, and whether the property was community homestead property."
Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston; Carowest Land Ltd.; Graham Weston as Trustee of Countyline Land Trust; and Kuehler Road, LLC f/k/a Kuehler Road, Ltd.
COA03
In this divorce-related crossover dispute, the Austin Court of Appeals held that former clients’ claims against their longtime lawyer and his firm for breach of fiduciary duty and fraud by nondisclosure could proceed despite a TCPA motion to dismiss. The plaintiffs alleged the lawyer had represented Graham Weston, related family entities, and other family interests over many years, then switched sides and represented Graham’s wife in the divorce while using trust and confidential information gained from those prior relationships. The court analyzed the case as a substantive conflict-and-loyalty dispute rather than merely an attack on protected petitioning or litigation conduct. Relying on the record, including prior disqualification findings that described the lawyer as effectively a family attorney with fiduciary duties to Graham, the court concluded the suit was not subject to TCPA dismissal on the record presented and affirmed the trial court’s denial of the motion.
Litigation Takeaway
"In entity-heavy divorces, a lawyer’s prior work for one spouse, family businesses, trusts, or the broader family enterprise can create fiduciary-duty exposure that survives early dismissal. For family-law litigators, the lesson is to build a strong record on the practical scope of prior representation and frame conflict claims as loyalty, confidentiality, and nondisclosure violations—not just complaints about litigation activity."
In the Interest of Baby Boy T; In the Interest of L.B., S.B., and B.B.
COA10
The Waco Court of Appeals affirmed a Brazos County order terminating a father’s parental rights after appointed counsel filed an Anders brief. The court independently reviewed the full record, including the father’s pro se response, and held the appeal was wholly frivolous. In addressing the required endangerment grounds under Family Code § 161.001(b)(1)(D) and (E), the court relied on severe evidence that father physically abused another child in the home, that the children at issue were exposed to that dangerous environment, that father minimized the abuse as discipline, failed to accept responsibility, failed to show meaningful therapeutic progress, and had no recommendation for reunification despite technical service completion. The court also held that appointed counsel in a termination appeal may not withdraw solely because counsel filed an Anders brief; absent additional good cause, counsel must continue representation through any petition-for-review stage.
Litigation Takeaway
"In termination and other child-safety cases, courts focus on actual danger and whether the parent truly changed—not just whether services were completed. Abuse of one child, denial or minimization, and failure to benefit from therapy can support findings that other children remain at risk. For appointed appellate counsel, an Anders brief does not automatically end the representation."