Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
IN RE THANH VAN TRAN
COA05
In In re Thanh Van Tran, the Relator sought a writ of mandamus to challenge a capias order issued by the 494th District Court of Collin County. The Dallas Court of Appeals denied the petition on procedural grounds, holding that the Relator failed to satisfy the "predicate-request requirement." Under Texas law, a party seeking the extraordinary remedy of mandamus must generally demonstrate that they first asked the trial court to correct the perceived error—such as by filing a motion to vacate the order—and that the trial court refused. Because the Relator failed to seek relief at the trial level first and did not prove that such a request would have been futile, the Court denied the petition without addressing the underlying merits of the capias order.
Litigation Takeaway
"You cannot bypass the trial court when seeking emergency appellate relief. Before filing a petition for writ of mandamus to challenge a capias or enforcement order, you must first file a motion to vacate or modify that order in the trial court to create a "refusal record" for the court of appeals."
Westyn Gregory Whetstone v. The State of Texas
COA07
In Whetstone v. State, a defendant was convicted of criminal trespass, but the written judgment erroneously labeled the offense as a Class A misdemeanor involving a 'habitation' despite the State having abandoned that specific allegation at trial. The Seventh Court of Appeals analyzed the record under Texas Rule of Appellate Procedure 43.2(b), which allows appellate courts to reform judgments to 'speak the truth' when they have the necessary information to do so. The court held that because the jury charge and sentencing only reflected a Class B offense, the written judgment contained a clerical error that must be reformed to reflect the actual adjudication.
Litigation Takeaway
"Never rely solely on the 'four corners' of a criminal judgment in custody litigation; clerical errors can incorrectly escalate a minor offense into a 'habitation' crime that triggers heightened scrutiny under the Texas Family Code. Always audit the underlying jury charge and trial records to ensure your client's criminal history is accurately represented and seek a reformation or judgment nunc pro tunc if errors are discovered."
Keenan DeAndre Black v. The State of Texas
COA02
In this case, a trial court orally waived a $6,000 statutory fine for a defendant found to be indigent, yet the subsequent written judgment erroneously included the fine. On appeal, the Fort Worth Court of Appeals addressed the conflict between the judge's verbal ruling and the written record. The court analyzed the 'bench controls the pen' doctrine, which dictates that an oral pronouncement made in open court is the legally binding judgment, while the written order is merely a record of that act. Finding a clear conflict, the court held that the oral waiver must prevail and modified the written judgment to delete the $6,000 fine.
Litigation Takeaway
"The 'bench controls the pen': in Texas, if a trial judge’s oral ruling contradicts the written decree, the oral version wins. Always compare the court reporter’s transcript to the final written order to catch 'judgment creep'—additional terms or fees added by opposing counsel that the judge never actually ordered."
Gannon v. The State of Texas
COA02
After Dayton Joseph Gannon was convicted of aggravated robbery for brandishing a knife and aggressively posturing toward a victim through a laundromat's glass door, he appealed, arguing that the threat of injury was not 'imminent' because the victim was armed and separated from him by a physical barrier. The Second Court of Appeals analyzed the statutory meaning of 'imminent'—defined as 'near, at hand, or on the verge of happening'—and determined that a threat is judged by the aggressor's volatility and conduct rather than the victim's defensive capabilities. The court held that the display of a deadly weapon combined with combative posturing is sufficient to establish an imminent threat, regardless of whether the victim has a weapon or is behind glass.
Litigation Takeaway
"A threat of family violence remains 'imminent' even if the victim takes defensive measures or is separated from the aggressor by a barrier; the legal focus is on the aggressor's display of weaponry and volatility rather than the victim's relative safety."
In Re Germania Farm Mutual Insurance Association
COA13
In an insurance appraisal dispute, a trial court struck a contractually appointed neutral umpire and unilaterally appointed a replacement based on the homeowner's claim of bias. The evidence of bias was solely a prior order from an unrelated case where another judge had set aside one of the umpire's awards. The Thirteenth Court of Appeals held that the trial court abused its discretion, concluding that 'prior bad acts' in unrelated matters do not meet the high evidentiary bar for 'evident partiality.' The court emphasized that specific evidence of bias in the current proceeding is required and that trial courts cannot ignore contractually mandated selection processes when appointing replacements.
Litigation Takeaway
"Parties cannot disqualify a court-appointed professional—such as a custody evaluator or receiver—based on vague reputations or prior adverse rulings in unrelated cases; disqualification requires specific, admissible proof of bias or partiality within the current litigation."
In Re Biles
COA14
Sarah Paige Biles sought a writ of mandamus to compel a trial court to enter a final judgment based on a 2024 Mediated Settlement Agreement (MSA) and to vacate temporary orders issued over a year later. The Fourteenth Court of Appeals denied the petition, holding that Biles failed to meet the heavy burden required for mandamus relief. The court concluded she did not demonstrate that the trial court's refusal to sign the decree was a clear abuse of discretion or that she lacked an adequate remedy through the standard appellate process once a final judgment is eventually signed.
Litigation Takeaway
"A binding Mediated Settlement Agreement (MSA) does not guarantee immediate enforcement through a writ of mandamus; to bypass the standard appeal process, you must provide a specific record showing that the trial court\'s delay or intervening orders will cause irreparable harm that cannot be corrected on appeal."
EX PARTE BESSIE TEKILA MARTIN
COA02
In Ex parte Martin, the Second Court of Appeals addressed a double jeopardy challenge where a defendant claimed that out-of-county offenses were barred from prosecution because they had been 'taken into account' during a prior sentencing in another county under Texas Penal Code Section 12.45. While the court acknowledged that a valid Section 12.45 agreement bars subsequent prosecution for the admitted conduct, it found the record in this case insufficient to verify which specific offenses were included in the prior plea. Consequently, the court held that a defendant must provide a complete factual record—including the specific list of unadjudicated offenses—to sustain such a claim and remanded the case for further evidentiary development.
Litigation Takeaway
"In family law litigation, a spouse's criminal 'Judgment' is often just the tip of the iceberg; to effectively prove fault or waste of community assets, practitioners must subpoena the full 'plea packet' and the 'Section 12.45 list' to secure a binding judicial confession of the underlying misconduct."
IN RE ADNAN UMAIR JANJUA AND UZMA JANJUA, Relators
COA05
The Fifth Court of Appeals dismissed a petition for a writ of mandamus filed against a county clerk who allegedly refused to file specific documents. The court analyzed its jurisdiction under Texas Government Code § 22.221, noting that while it has the power to issue writs against judges, its authority over non-judicial officers like clerks is strictly limited to instances where the writ is necessary to protect the court's own appellate jurisdiction. Because the relators did not demonstrate that the clerk's refusal interfered with a pending appeal, the court held it lacked jurisdiction to intervene.
Litigation Takeaway
"You cannot 'leapfrog' the trial court when a clerk refuses to file a document; you must first file a motion to compel in the trial court and obtain a ruling from the judge before seeking mandamus relief from a Court of Appeals."
In Re Aaron Nicholas Thomas
COA09
The Relator sought a writ of mandamus to vacate a default judgment in a suit to modify the parent-child relationship (SAPCR), claiming the trial court abused its discretion by denying his request to participate via Zoom as a disability accommodation and by entering judgment without proper service. The Ninth Court of Appeals denied the petition, finding that the Relator’s own medical evidence—which stated he could sit and work for eight hours—contradicted his claim that he could not attend court in person. Furthermore, the court determined that the Relator had made a general appearance, which waived any defects in service under Rule 124, and that a standard appeal provided an adequate legal remedy to challenge the final judgment.
Litigation Takeaway
"Making a general appearance in a case waives your right to challenge service of process later, and requests for disability accommodations must be backed by specific medical evidence that directly links a condition to an inability to attend court in person."
IN THE ESTATE OF LONNIE K. LEDBETTER JR., DECEASED
COA02
Following the death of Lonnie Ledbetter Jr., his children sued his surviving spouse, alleging she exerted undue influence to divert millions of dollars into a private trust. During evidentiary hearings, the spouse invoked her Fifth Amendment right against self-incrimination when questioned about her identity, and evidence emerged of suspicious, large-scale asset transfers. In response, the trial court took the 'sua sponte' (on its own motion) step of appointing a neutral receiver to manage the trust assets. The Fort Worth Court of Appeals analyzed Texas Civil Practice and Remedies Code § 64.001(a)(7) and equitable principles, determining that trial courts possess the inherent authority to protect the subject matter of litigation from dissipation. The court held that because a party’s invocation of the Fifth Amendment in a civil case allows for a negative inference, the trial court did not abuse its discretion in appointing a receiver to preserve the property while the lawsuit was pending.
Litigation Takeaway
"A trial court can exercise 'sua sponte' authority to appoint a receiver over disputed assets whenever equity requires it—meaning if a spouse is hiding assets or refusing to testify by invoking the Fifth Amendment, the court can immediately seize control of the property to prevent it from being squandered, even if neither party has filed a formal motion for a receivership."