Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
IN THE INTEREST OF D.J., A CHILD, Appellant
COA05
After losing his job, a father sought to terminate his child support obligation but refused to produce discovery documents regarding his retirement accounts and foreign property interests. The trial court granted a directed verdict against him, denying the modification and imposing a $4,800 discovery sanction. The Dallas Court of Appeals affirmed the denial of the modification, holding that a party seeking to change support must provide full financial transparency to allow the court to calculate "net resources." However, the court reversed the monetary sanction because the trial record lacked specific evidence, such as attorney fee invoices or testimony, to justify the $4,800 amount.
Litigation Takeaway
"Transparency is mandatory in support modification cases; losing your primary income does not excuse you from disclosing your broader financial estate. Additionally, any party seeking discovery sanctions must ensure the record contains specific evidentiary proof linking the amount of the sanction to the actual costs or fees incurred."
RANCHO DE LOS ARBOLES LLC AND ELLEN EAKIN v. TOWN OF CROSS ROADS, TX
COA02
Rancho De Los Arboles LLC and its principal sued the Town of Cross Roads after the Town began enforcing zoning ordinances to shut down their long-running short‑term rental use. Rancho sought declaratory and injunctive relief, alleging Texas-constitutional property violations (including takings/due course of law theories) and asserting ultra vires conduct. The Town filed a plea to the jurisdiction based on governmental immunity, and the trial court dismissed all claims with prejudice. Applying the Miranda plea-to-the-jurisdiction framework, the Fort Worth Court of Appeals explained that a dismissal with prejudice is proper only when the pleadings or record affirmatively negate jurisdiction as a matter of law (i.e., the defect is incurable). Where the problem is merely insufficient pleading of jurisdictional facts that could be cured by amendment—such as failing to plead takings elements with specificity or failing to name the proper officials for an ultra vires claim—the plaintiff must be given a chance to replead. The court affirmed dismissal of those claims that were jurisdictionally barred on the record, but held the trial court reversibly erred by dismissing the remainder with prejudice without allowing Rancho an opportunity to amend. The case was remanded for further proceedings on the potentially curable constitutional and ultra vires theories.
Litigation Takeaway
"A plea to the jurisdiction is not automatically a “case killer.” If governmental immunity is raised and your petition is merely thin—not incurably barred—push hard for the right to amend. Preserve error by requesting leave to replead and objecting to any “with prejudice” dismissal, especially when asserting constitutional property/takings or ultra vires claims tied to real estate value in a divorce-related crossover dispute."
John C. Campbell v. Medical Imaging Consultants, LLP
COA12
John Campbell, a radiologist, sued his former employer for breaching a non-disparagement clause in their separation agreement after he was passed over for a job at a different medical group. Campbell alleged that a negative comment regarding his "personality issues" from a former partner caused him to lose the position. The Twelfth Court of Appeals affirmed a no-evidence summary judgment against Campbell, ruling that he failed to prove causation. The court found that Campbell's theory relied on "inference stacking"—the speculative assumption that he would have successfully completed a multi-step interview process and received a unanimous hiring vote but for the alleged disparagement.
Litigation Takeaway
"To recover damages for the breach of a non-disparagement clause, it is not enough to prove a negative comment was made; you must provide direct evidence that the disparagement was the 'but-for' cause of a lost job or contract, rather than relying on a chain of speculative inferences about a third party's hiring process."
Hallas v. Hallas
COA03
In this divorce appeal, the Third Court of Appeals addressed a trial court's failure to provide mandatory Findings of Fact and Conclusions of Law regarding property division and attorney's fees. The appellant, Janice Hallas, had strictly followed procedural rules by filing both an initial request and a notice of past due findings. The appellate court analyzed the "presumed harm" doctrine, noting that missing findings force an appellant to challenge every conceivable basis for a ruling rather than narrowing the issues. Because the trial court’s silence prevented the appellant from properly presenting her case, the court held the error was harmful, abated the appeal, and remanded the case for the entry of findings.
Litigation Takeaway
"Success on appeal often depends on procedural discipline. If a trial court ignores a request for Findings of Fact, you must file a "Notice of Past Due Findings" within the strict 30-day window to preserve your rights. Without these findings, the appellate court will presume the trial judge found every fact necessary to support the original ruling, making it nearly impossible to overturn a discretionary property division."
Jonathan Humber v. City of Palestine
COA12
In Humber v. City of Palestine, the appellant filed a motion for new trial 32 days after the trial court signed the final judgment. The appellant later filed a notice of appeal nearly three months after the judgment, assuming the post-judgment motion had extended the appellate deadline. The Twelfth Court of Appeals analyzed Texas Rule of Appellate Procedure 26.1, which requires a "timely" post-judgment motion to extend the filing deadline for a notice of appeal from 30 to 90 days. The court held that an untimely motion for new trial is a nullity for purposes of the appellate timetable and does not extend the court's jurisdiction, leading to the dismissal of the appeal.
Litigation Takeaway
"A motion for new trial must be filed within 30 days of the date the judge signs the order to extend the appellate deadline; filing even one day late means your notice of appeal remains due 30 days from the judgment, potentially terminating your right to appeal."
Opinion by Justice Triana
COA03
In this case, a grandfather sought sole managing conservatorship of his three grandchildren following the death of their father, citing the mother's extreme and abusive disciplinary measures. The mother argued that her 'strict' parenting was protected by the legal 'parental presumption,' which usually favors keeping children with their parents. However, the court analyzed evidence showing the mother forced the children to stay outdoors overnight in freezing temperatures and neglected their medical and psychological needs, leading to fainting spells and suicidal ideation. The Third Court of Appeals affirmed the trial court's ruling, holding that the grandfather successfully rebutted the parental presumption because the mother’s conduct posed a significant threat to the children’s physical health and emotional development.
Litigation Takeaway
"The 'parental presumption' is not absolute; a non-parent can win custody by documenting a clear pattern of extreme disciplinary tactics, medical neglect, and the resulting psychological trauma to the children."
Richardson v. The State of Texas
COA02
In Richardson v. State, the defendant challenged (among other issues) the court costs assessed after his convictions, arguing that the district clerk’s bill of costs conflicted with the trial court’s oral pronouncement that costs would not be payable until his release from TDCJ confinement. The Fort Worth Court of Appeals rejected Richardson’s ineffective-assistance claims under Strickland, but addressed the costs dispute by applying the rule that when a written judgment or ministerial clerk cost bill conflicts with the trial court’s oral pronouncement made in the defendant’s presence, the oral pronouncement controls. The court also reviewed the bill of costs for record support and found a $55 subpoena service fee was unsupported. The court affirmed the convictions, modified the judgment to delete the unsupported subpoena fee, and further modified the judgment/bill of costs to state that court costs are not payable until Richardson is released from confinement, consistent with the trial court’s oral ruling.
Litigation Takeaway
"In enforcement and contempt cases—especially when someone is jailed—don’t let boilerplate orders or an auto-generated clerk bill of costs undo what the judge said on the record. If the court orally waives or defers fees/costs, ensure the written order and commitment match; otherwise move to correct/modify because the oral pronouncement controls and unsupported cost items can be struck."
Omiagbo v. Whitcomb
COA05
The Dallas Court of Appeals dismissed a pro se appeal after the appellant failed to rectify systemic briefing deficiencies in violation of Texas Rule of Appellate Procedure 38.1. Despite being issued a formal deficiency notice and granted an opportunity to amend, the appellant's second submission lacked essential record citations, an alphabetical index of authorities, and substantive legal analysis. The court held that while pro se filings are liberally construed, non-attorneys are held to the same procedural standards as licensed counsel to maintain the integrity of the adversarial process, and persistent failure to provide a compliant brief warrants dismissal under Rule 38.9(a).
Litigation Takeaway
"Pro se litigants must follow the same appellate briefing rules as licensed attorneys; if an opposing party fails to anchor their appeal in the record or substantive law after being warned, practitioners can leverage procedural rules to secure a dismissal and save clients the expense of a full merits response."
Brandon Keith Anderson v. The State of Texas
COA12
In this case, a witness provided surprise testimony during a hearing involving prejudicial information that had not been disclosed during discovery. Although the defendant successfully moved the trial court to disregard the testimony, he did not specifically move for a mistrial. On appeal, the Twelfth Court of Appeals analyzed Texas Rule of Appellate Procedure 33.1(a) and the 'preservation ladder,' which generally requires a party to object, request an instruction to disregard, and move for a mistrial to preserve error. The court held that because the appellant received the exact relief he requested (disregarding the testimony) and failed to seek a mistrial or obtain an adverse ruling, the complaint was waived.
Litigation Takeaway
"Winning a motion to strike or disregard surprise testimony is a 'trap' if the evidence is truly 'incurable.' In Texas courts, if a witness drops a 'bombshell' that poisons the well, you must move for a mistrial and secure an adverse ruling to preserve the issue for appeal. Merely asking the judge to disregard the statement is considered a 'win' at trial that results in a procedural default on appeal, leaving you with no recourse if the judge is ultimately influenced by the excluded evidence."
In the Matter of J.S.R., A Child
COA07
The Amarillo Court of Appeals considered whether a juvenile’s voluntary motion to dismiss an appeal was valid when it involved a waiver of statutory rights. While typical civil dismissals require only a signature from an attorney, the Court emphasized that Texas Family Code Section 51.09 imposes stricter "belt and suspenders" requirements for minors. The Court analyzed the motion and found that it correctly included signatures from both the juvenile and his attorney, as required by law. Consequently, the Court held the waiver was effective and granted the dismissal, highlighting that specific statutory protections for children take precedence over general appellate procedural rules.
Litigation Takeaway
"In any legal proceeding involving a minor’s rights—whether in juvenile delinquency or high-stakes family litigation—a standard signature from counsel is insufficient for a waiver. Under Texas Family Code Section 51.09, any waiver of a child's constitutional or statutory rights must be signed by both the minor and their attorney. To ensure the finality of a dismissal or settlement involving a minor, practitioners must strictly adhere to this dual-signature requirement."