Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
Rodrigues v. Office of the Attorney General of Texas
COA14
In Rodrigues v. Office of the Attorney General, a father attempted to discharge over $500,000 in child support arrears by claiming the state failed to respond to his private correspondence. He further challenged the authority of the Assistant Attorney General to represent the state in court. The Fourteenth Court of Appeals affirmed the trial court's dismissal of the suit, finding that the Office of the Attorney General has clear statutory authority under the Texas Family Code to participate in child support actions. The court also clarified that procedural defects, such as a lack of formal service, do not warrant a reversal if the complaining party actually attends the hearing and participates in the legal process.
Litigation Takeaway
"The Office of the Attorney General holds broad statutory power in child support matters that is very difficult to challenge procedurally. Furthermore, if you appear and argue your case at a hearing, you generally waive the right to complain about technical notice or service errors later."
In Re Darrell J. Harper
COA14
After being declared a vexatious litigant, Darrell J. Harper was required to obtain permission from a local administrative judge before filing any new lawsuits. When the judge denied his request to initiate a new case, Harper sought a writ of mandamus from the Fourteenth Court of Appeals to overturn that decision. The appellate court analyzed Texas Civil Practice and Remedies Code Chapter 11, which designates administrative judges as "gatekeepers" to prevent meritless or harassing litigation. The court held that Harper failed to prove the judge abused their discretion, reinforcing the high barrier for vexatious litigants to bypass prefiling orders.
Litigation Takeaway
"For clients facing harassment from a former spouse who uses the court system as a weapon, the vexatious litigant statute offers a robust defense. Once a party is labeled a vexatious litigant, they lose the absolute right to file new suits; they must instead prove to a judge that their claim has actual merit. This case confirms that appellate courts will rarely interfere with a judge’s decision to block these 'frequent filers,' providing families with much-needed finality and protection from legal harassment."
William Delawrence Lewis v. The State of Texas
COA01
In Lewis, the First Court of Appeals considered whether evidence was legally sufficient to support a conviction for failure to stop and render aid when the defendant claimed he never collided with the crashed vehicle. Witnesses and reconstruction evidence showed Lewis drove a high-performance car at extreme speeds while “pacing” another car in apparent competitive driving for more than a mile; the other car then lost control, crashed, and caused a death and serious injury, and Lewis did not stop. Applying Tex. Transp. Code §§ 550.021 and 550.023 and precedent holding that “involved” is broader than “collision,” the court focused on whether Lewis’s conduct contributed to the accident. The court held that even without definitive proof of physical contact, a rational jury could find Lewis was “involved” because his high-speed, side-by-side driving was a contributing factor in the sequence of events, and credibility conflicts about contact were for the jury. The conviction was affirmed.
Litigation Takeaway
"In Texas, you don’t always need proof of an actual impact to show someone was “involved” in a dangerous incident—participation in high-risk, competitive driving can be enough. In custody and divorce cases, that makes it easier to frame reckless behavior (and related criminal exposure) as endangering conduct for best-interest restrictions and as fault/waste considerations in a “just and right” property division."
Bustamante v. Bustamante
COA01
In Bustamante v. Bustamante, the First Court of Appeals addressed whether a trial court's order granting a bill of review—which vacated a prior 2023 judgment without resolving the underlying merits—could be immediately appealed. The court analyzed Texas jurisdictional principles, noting that appellate review is generally limited to final judgments unless a statute specifically authorizes an interlocutory appeal. Because the order only 're-opened' the litigation and did not fall under the authorized list of interlocutory appeals in the Texas Civil Practice and Remedies Code, the court held it lacked jurisdiction and dismissed the appeal.
Litigation Takeaway
"The granting of a bill of review is a non-appealable interlocutory order if the underlying merits remain unresolved. Practitioners must proceed through a second trial on the merits before they can challenge the propriety of the bill of review on appeal."
Angela Bass v. Mercedes Benz Financial Services USA LLC
COA01
Mercedes Benz Financial Services obtained a writ of sequestration against Angela Bass, effectively seizing or “freezing” specific personal property while the underlying case remained pending. Bass attempted to take an immediate (interlocutory) appeal from the trial court’s order granting the writ. The First Court of Appeals analyzed its own jurisdiction and reiterated that Texas appellate courts generally may review only final judgments unless the Legislature has expressly authorized an interlocutory appeal. Looking to Chapter 62 of the Texas Civil Practice and Remedies Code (sequestration) and the interlocutory-appeal statute, the court concluded that an order granting a writ of sequestration is an interlocutory preservation remedy and is not among the categories made appealable by Tex. Civ. Prac. & Rem. Code § 51.014. While the appeal was pending, the trial court voided the sequestration order; the court further held that this eliminated any live controversy and rendered the appeal moot. The court dismissed the appeal for lack of jurisdiction.
Litigation Takeaway
"A sequestration order can quickly take property out of a party’s hands during litigation, but you generally cannot appeal it immediately. If you need relief, act in the trial court (motion to dissolve/attack bond/affidavit) and consider mandamus; otherwise, by the time a final judgment is entered—or the order is voided—the issue may be moot."
Chelsea Watson v. CHC Harris, LLC
COA14
In Watson v. CHC Harris, LLC, an appellant failed to file a merits brief after the appellate record was finalized. Despite the court issuing a formal notice warning of an impending dismissal and providing a ten-day grace period, the appellant failed to respond or request an extension. The Fourteenth Court of Appeals analyzed the case under Texas Rules of Appellate Procedure 42.3(b) and 38.8(a)(1), concluding that the appellant’s failure to comply with procedural deadlines and court notices constituted a want of prosecution. Consequently, the court held that the appeal must be dismissed, emphasizing that appellate deadlines are mandatory and silence in the face of a court inquiry justifies immediate dismissal.
Litigation Takeaway
"Appellate deadlines are strictly enforced; failing to file a brief or respond to a court notice will result in the automatic forfeiture of your right to appeal, regardless of the merits of your family law case. Litigants must ensure their counsel is actively monitoring the appellate clerk’s portal to trigger the briefing clock and must immediately seek extensions if a deadline cannot be met."
Tavarius Williams v. Walden on Lake Houston Community Services Association, Inc.
COA01
After a default judgment was signed, the appellant filed a notice of appeal outside the normal deadlines and then tried to invoke Texas Rule of Civil Procedure 306a to restart appellate timetables based on late notice. The First Court of Appeals analyzed TRCP 306a(4)–(5) and TRAP 4.2, emphasizing that the “late notice” timetable change is not automatic: it requires a sworn Rule 306a(5) motion filed while the trial court still has plenary power, which is measured from the movant’s date of first notice/actual knowledge. Because the appellant’s own asserted knowledge date started a new 30-day plenary window that expired before he filed his sworn 306a(5) motion, the trial court lacked jurisdiction to grant Rule 306a relief and the appellate deadlines remained tied to the original signing date. The court dismissed the appeal for lack of jurisdiction.
Litigation Takeaway
"Rule 306a is a short, strict lifeline for default decrees: once your client learns of the judgment, you generally have 30 days to file a sworn Rule 306a(5) motion (and get an order) in the trial court—waiting for the court of appeals to flag a jurisdiction problem is too late, and a late-filed notice of appeal cannot be cured."
Venisha Arnold v. Google LLC, YouTube LLC, Alphabet, Inc, Reddit, Inc, Felixlightner-Reddit Thread Starter, Rechlin-Reddit Admin, Boshau-Reddit Admin, Munx1er-Reddit Admin, Swhitt-Reddit Admin, and Texlex-Reddit Admin.
COA01
In Arnold, the appellant attempted to immediately appeal an order granting one defendant’s Texas Citizens Participation Act (TCPA) motion to dismiss. The trial court’s order dismissed only Reddit, left other defendants in the case, and expressly reserved the mandatory award of attorney’s fees/costs and potential sanctions for later determination—making the order interlocutory rather than final. The First Court of Appeals analyzed its jurisdiction under the final-judgment rule and the limited statutory authorizations for interlocutory appeals, focusing on Texas Civil Practice & Remedies Code § 51.014(a)(12), which allows an interlocutory appeal only from an order that denies a TCPA motion to dismiss. Because the Legislature did not authorize an interlocutory appeal from an order granting a TCPA motion, and the order was not otherwise final, the court held it lacked jurisdiction and dismissed the appeal.
Litigation Takeaway
"TCPA asymmetry matters: if you win a TCPA motion to dismiss (including in divorce/SAPCR “family tort” skirmishes), your opponent generally cannot take an immediate appeal and must wait until a final judgment—unless the case is severed and made final. Conversely, if your TCPA motion is denied, you can appeal immediately. Plan orders and severance strategy with finality and fee issues in mind."
Cirilo Gomez-Lagunas v. The State of Texas
COA01
In Gomez-Lagunas v. State, appointed counsel filed an Anders brief in a murder appeal, asserting the record presented no non-frivolous issues. The First Court of Appeals performed its required independent review of the entire record under Anders and Texas Anders cases (including High and Bledsoe), found no arguable grounds for reversal and no reversible error, granted counsel’s motion to withdraw, and affirmed the 35-year sentence. For family-law purposes, the opinion underscores that an Anders affirmance reflects both counsel’s and the appellate court’s conclusion that there is no viable appellate challenge, strengthening arguments that the conviction is final and reliable for later Texas Family Code § 161.001(b)(1)(L) and (Q) termination predicates.
Litigation Takeaway
"When an incarcerated parent’s conviction has been affirmed after an Anders review, treat it as a strong finality milestone: use the memorandum opinion and mandate to defeat “pending appeal” delay tactics and to support TPR predicate grounds based on serious criminal conduct or long-term incarceration (e.g., § 161.001(b)(1)(L) and (Q))."
IN RE LARAB SHIZA BUTT, Relator
COA05
In a child possession dispute involving a writ of attachment, the relator sought a writ of mandamus to vacate temporary orders issued by a Dallas County associate judge. The Fifth Court of Appeals denied the petition based on procedural failures, specifically the relator's failure to provide a complete and sworn record as required by Texas Rule of Appellate Procedure 52.7. The court held that without a sufficient record, it is impossible to determine whether the trial court abused its discretion, effectively insulating the lower court's decision from review.
Litigation Takeaway
"When seeking emergency relief from the Court of Appeals, procedural precision is just as important as the legal argument; failing to provide a complete, sworn record of the trial court's proceedings will result in an automatic denial of your petition, regardless of the merits of your case."