Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
In the Interest of K.M.C., A Child
COA05
In this SAPCR (Suit Affecting the Parent-Child Relationship) appeal, the appellant filed their notice of appeal after the standard deadline but within the fifteen-day 'grace period' allowed by Texas Rule of Appellate Procedure 26.3. The Dallas Court of Appeals issued a deficiency notice ordering the appellant to file a formal motion to extend time. When the appellant failed to file the motion or respond to the order, the court analyzed whether it could maintain jurisdiction. The court held that while a motion to extend is often implied when a notice is filed within the grace period, the failure to provide a 'reasonable explanation' when specifically ordered to do so results in a jurisdictional defect. Consequently, the court dismissed the appeal for lack of jurisdiction and failure to comply with a court order.
Litigation Takeaway
"Appellate deadlines are strictly enforced; if you miss the initial filing window, you must file a formal Motion to Extend Time with a 'reasonable explanation' immediately, as ignoring a court’s directive to cure this deficiency will lead to the permanent dismissal of your appeal."
In The Interest of S.A.M. and C.J.M., Children
COA05
In a child custody appeal, the Fifth District Court of Appeals dismissed the case after the appellant failed to comply with mandatory privacy and briefing rules. The court initially struck the appellant's brief because it contained 'sensitive data'—specifically the full names and birthdates of minor children—in violation of Texas Rule of Appellate Procedure 9.9. Although the court granted the appellant a deadline to file a corrected, redacted brief, the appellant failed to respond or cure the defects. The court held that under Rule 38.9(a), dismissal was the proper sanction, emphasizing that protecting a minor's identity is a jurisdictional necessity that outweighs the court's usual patience for procedural errors.
Litigation Takeaway
"Protecting the privacy of children is a non-negotiable requirement in Texas family law appeals. Failing to redact sensitive information or ignoring a court's order to fix briefing errors can result in your appeal being dismissed before its merits are ever even considered."
In The Interest of N.U. and J.U., Children
COA05
In this SAPCR (Suit Affecting the Parent-Child Relationship) appeal, the Fifth Court of Appeals addressed whether a case should be dismissed when an appellant fails to file a merits brief despite receiving a delinquency notice. After the appellant missed the initial filing deadline and ignored a formal ten-day warning from the clerk, the court analyzed the procedural requirements under Texas Rules of Appellate Procedure 38.8 and 42.3. The court held that because the appellant failed to prosecute the appeal or comply with court directives, the appeal must be dismissed for want of prosecution, effectively leaving the trial court's original order regarding the children in place.
Litigation Takeaway
"Appellate deadlines in family law cases are strictly enforced; failing to file a merits brief after receiving a delinquency notice will result in the immediate dismissal of your appeal and the permanent forfeiture of your right to challenge the trial court's ruling."
Moore v. 1789 Minerals Fund I, LP
COA06
In a dispute over mineral and royalty interests, the Texarkana Court of Appeals addressed whether time-barred claims regarding a decades-old tax foreclosure could be revived. The Appellants argued that a 2014 Sheriff’s Deed was ambiguous, conveying only specific wellbore interests rather than the entire mineral estate. The Appellees contended the claims were barred by the Texas Tax Code's strict two-year limitations period. The court analyzed Texas Civil Practice and Remedies Code Section 16.069, which permits the filing of otherwise time-barred counterclaims if they arise from the same transaction as the original suit. The court held that because the underlying interpleader action concerned property ownership, the Appellants' cross-claims were revived under the statute. Furthermore, the court found the deed contained a 'latent ambiguity' due to conflicting property descriptions, making summary judgment improper.
Litigation Takeaway
"A 'dead' claim isn't always gone; Texas law provides a procedural 'revival' for time-barred counterclaims and cross-claims in property disputes. If a party initiates a lawsuit regarding property characterization or ownership, the opposing party may have a 30-day window to assert claims for deed construction or title defects that would otherwise be barred by the statute of limitations."
IN RE TATIANA GUNN
COA05
In a suit affecting the parent-child relationship (SAPCR), the Relator filed a petition for writ of mandamus seeking relief from trial court actions. The Dallas Court of Appeals denied the petition and struck the filing because it failed to comply with fundamental procedural rules. Specifically, the Relator provided an unsworn and uncertified record, omitted the mandatory Rule 52.3(j) certification, and failed to redact sensitive information—such as social security numbers and the names of minors—in violation of privacy rules. The court held that strict compliance with appellate rules is required to obtain mandamus relief, and the failure to protect sensitive data warrants striking the petition entirely.
Litigation Takeaway
"Procedural perfection is a prerequisite for appellate relief; even a strong legal argument will be rejected if the record is not properly authenticated or if sensitive personal data is left unredacted."
In re Anita Hutchings
COA05
Relator Anita Hutchings filed a petition for writ of mandamus in the Dallas Court of Appeals seeking to compel a trial court to enter a specific order. The Court denied the petition without ever reaching the merits because the Relator failed to include the verbatim certification language required by Texas Rule of Appellate Procedure 52.3(k). The Court analyzed the filing under a "strict compliance" doctrine, reaffirming that any deviation from the 'magic words' mandated by the rules is a fatal defect that prevents the court from considering the underlying legal issues.
Litigation Takeaway
"In Dallas mandamus practice, procedural form is just as important as substantive merit; you must ensure your petition uses the exact, verbatim certification language required by Rule 52.3(k), as the Fifth Court of Appeals does not recognize 'substantial compliance' and will summarily deny petitions for minor phrasing errors."
In re Wood County Post No. 7523, Veterans of Foreign Wars of the United States and Amy Davis
COA05
In this case, relators sought mandamus relief after a trial judge failed to rule on two no-evidence motions for summary judgment that had been pending for five months, despite an imminent trial date. The Dallas Court of Appeals analyzed the trial court’s ministerial duty to rule on motions within a reasonable time, applying a three-part test: the motion must be properly filed, a ruling must be expressly requested, and the court must fail to act within a reasonable period. The court determined that because the motions were not complex and the relators had formally requested a ruling a month before trial, the trial court's continued silence constituted an abuse of discretion. The court conditionally granted the writ, ordering the trial judge to issue written rulings on the pending motions within twenty days.
Litigation Takeaway
"To overcome a "pocket veto" by a trial judge, practitioners must proactively create a record of the court's refusal to rule by filing a formal written request for a ruling after a reasonable time has passed. Mandamus is a viable tool to compel a judge to act on dispositive motions before trial, ensuring that clients are not forced to litigate meritless claims or coerced into settlements due to judicial inertia."
In The Interest of W.G., M.G., A.G., Children
COA14
The Fourteenth Court of Appeals affirmed a trial court's decree terminating a father’s parental rights following his ten-year sentence for aggravated assault with a deadly weapon. Although the father was previously a primary caretaker, his long-term incarceration created a vacuum of care that he attempted to fill by proposing a kinship placement with the children's paternal grandparents. The court analyzed the case under Texas Family Code § 161.001(b)(1) and the Holley v. Adams best-interest factors, concluding that the grandmother’s repeated positive drug tests for cocaine rendered the proposed placement unsuitable. The court held that the father’s criminal conduct, coupled with the failure to provide a safe, drug-free alternative environment, provided legally and factually sufficient evidence to support termination.
Litigation Takeaway
"When a parent faces long-term incarceration, the survival of their parental rights often depends entirely on the viability of their proposed kinship placements; practitioners must proactively vet relatives—specifically through independent drug testing—as a relative's substance abuse can effectively seal the parent's fate in a termination proceeding."
Privilege Underwriters Reciprocal Exchange v. Mankoff
SCOTX
In Privilege Underwriters Reciprocal Exchange v. Mankoff, the Texas Supreme Court addressed whether a 'windstorm' deductible applied to damage caused by a tornado when the insurance policy left the term undefined. The homeowners argued the term was ambiguous because separate statutes and media outlets often distinguish between tornadoes and general windstorms. The Court applied the 'plain meaning' rule, determining that a tornado is fundamentally a 'subtype' of windstorm characterized by high-velocity winds. The Court held that the term was unambiguous as a matter of law and reversed the appellate court, ruling that extrinsic evidence or specialized statutory definitions cannot be used to create 'false ambiguity' in an otherwise clear contract.
Litigation Takeaway
"Draft with extreme precision: Texas courts will apply the broad 'plain meaning' of undefined terms in MSAs and decrees, regardless of whether a creative argument or external statute suggests a narrower interpretation. If you want a specific asset or expense excluded from a general category, you must explicitly define that distinction within the four corners of the document."
PSHATOIA LAROSE v. JALEN HURTS
COA05
After Pshatoia Larose appealed a judgment from the 256th District Court, the Dallas Court of Appeals identified numerous procedural defects in her brief, including a lack of record citations and a failure to list parties or issues. Although the court provided formal notice and an opportunity to amend the filing, the appellant failed to respond. The court analyzed the case under Texas Rules of Appellate Procedure 38.1 and 38.9, emphasizing that while pro se filings are liberally construed, self-represented litigants must meet the same procedural standards as attorneys. Ultimately, the court held that the brief presented nothing for review and dismissed the appeal.
Litigation Takeaway
"Pro se litigants are held to the same standards as licensed attorneys in Texas; failure to comply with mandatory appellate briefing rules—even after a warning—will result in the dismissal of the appeal and the preservation of the trial court's judgment."