Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
946 opinions found
In re Bradley Welsh
COA02
In a child-support enforcement proceeding, the trial court orally found Bradley Welsh in contempt on April 8, 2026 and ordered him confined for sixty days, but did not sign the written contempt and commitment order until thirty-six days later. The Fort Worth Court of Appeals held that due process permits only a short and reasonable time between an oral contempt finding with confinement and the signed written order under Ex parte Calvillo Amaya. The court rejected arguments that later work-release discussions meant the contempt ruling was incomplete or that Welsh invited the delay, concluding the hearing had effectively ended and the postponement was caused by the court’s process. Because the delayed written order violated due process, the contempt and commitment order was void, and the court granted habeas relief and vacated the order.
Litigation Takeaway
"In Texas contempt practice, an oral confinement ruling is not enough. If a court orally finds contempt and orders jail time, the written contempt and commitment order must be prepared and signed almost immediately; otherwise the order may be void regardless of the underlying violation. Family-law lawyers should have proposed contempt orders ready at the hearing and, for respondents, should closely compare the oral ruling date to the signature date for a potential habeas challenge."
In re A.T.
COA04
In re A.T. involved a post-divorce enforcement action seeking criminal contempt for missed child-support and medical-support payments allegedly due in 2022. The enforcement motion and resulting contempt order were both based on a November 8, 2019 final divorce decree, but that decree had been set aside on February 21, 2020 and replaced the same day by an amended decree. The Fourth Court of Appeals held that criminal contempt requires disobedience of a valid, operative court order, so a vacated decree cannot serve as the basis for contempt. Because the relator was not restrained under the contempt order, mandamus—not habeas—was the proper remedy, and the court conditionally granted mandamus, holding the contempt order void.
Litigation Takeaway
"Before filing or defending any family-law enforcement action, confirm the exact operative order in effect on the date of the alleged violation. If contempt is based on a vacated or superseded decree, the contempt order is void, and defects in notice, service, and the required order to appear can create additional due-process problems."
In the Matter of the Marriage of Fred Garland Henson and Tiffanie Karon Henson and in the Interest of C.R.H., a Child
COA12
In Henson v. Henson, the Tyler Court of Appeals addressed whether a divorce decree could both restrict a father’s possession and require him to complete a battering intervention program, parenting classes, and negative drug tests before he could later seek modification of that no-contact order. The court held that the trial court acted within its broad authority under Chapter 153 to impose a no-contact possession restriction based on evidence of methamphetamine use, family violence, and danger to the child. But it also held that Chapter 156 exclusively governs when a party may seek modification, so the trial court could not add extra-statutory preconditions to filing a future modification action. The improper filing barriers were ordered deleted from the decree.
Litigation Takeaway
"Texas courts can impose very strict current possession restrictions to protect a child, but they cannot block a parent’s statutory right to file a future modification suit by adding decree-based prerequisites. When drafting protective orders, tie treatment, testing, or classes to possession or reunification—not to courthouse access."
In re Sandra Ramirez
COA08
In In re Sandra Ramirez, the El Paso Court of Appeals held that a trial court abused its discretion by transferring venue from El Paso County to Kaufman County without a Rule 87-compliant setting, notice, and hearing. The movant argued the matter was effectively set during a status conference and heard by submission, but the mandamus record and certified register of actions showed no actual setting or hearing. Relying on Texas Rule of Civil Procedure 87 and Henderson v. O’Neill, the court concluded unsupported attorney assertions could not establish compliance, rejected the argument that Ramirez failed to preserve error, and conditionally granted mandamus directing the trial court to vacate the transfer order.
Litigation Takeaway
"If the other side wants to transfer venue, they must create a clean Rule 87 record with an actual setting, proper notice, and a hearing or documented submission setting. In family-law cases, an informal status conference or off-record discussion is not enough, and a transfer order entered without those procedural safeguards is a strong candidate for immediate mandamus relief."
Bowles v. Bowles
COA04
In Bowles v. Bowles, the parties disputed whether Flea Away, LLC was community property because the LLC was formed during the marriage, or Simon Bowles’s separate property because it was merely the later legal form of a business he already owned before marriage. The Fourth Court of Appeals applied Texas Family Code sections 3.001 and 3.003, along with inception-of-title and tracing principles, and focused on whether the LLC was a new acquisition or simply a mutation of the preexisting sole proprietorship. Simon proved by clear and convincing evidence that the original Flea Away business had been awarded to him as his separate property in a prior California divorce, and the evidence showed continuity of the same enterprise after it began operating as an LLC. Because there was no admitted evidence of any transfer, conveyance, or issuance of ownership to Lilian, the court held the LLC remained Simon’s separate property and affirmed the decree.
Litigation Takeaway
"Forming an LLC during marriage does not automatically turn a separately owned business into community property. In a business-characterization fight, the winning strategy is to prove or disprove continuity: the spouse claiming separate property needs a clean tracing chain from the original asset to the new entity form, while the spouse challenging that claim must produce evidence of an actual transfer, capitalization, or new ownership event—not just testimony that the business changed or that the spouse worked in it."
Brennan Short v. Jamie Short
COA04
In Short v. Short, the San Antonio Court of Appeals held that although a deed from one spouse to the other during marriage creates a presumption of gift, that presumption can be rebutted by clear and convincing evidence when the deed does not contain an express separate-property recital. Wife owned the Boerne home before marriage, later deeded Husband a one-half interest during a refinance intended to pay off other debt and lower monthly payments, and testified she did not intend a gift. Relying on In re J.Y.O., the court held parol evidence of her intent was admissible, found sufficient evidence that the transfer was a financing accommodation rather than a donative transfer, and affirmed the trial court’s characterization of the entire property as Wife’s separate property.
Litigation Takeaway
"An interspousal deed is powerful, but not always dispositive. In Texas property-characterization disputes, a spouse can defeat the gift presumption with clear and convincing evidence showing the transfer was made for refinancing or debt-service purposes rather than out of donative intent—especially when the deed lacks an express separate-property recital. Plead lack of donative intent and any fraud, duress, or mistake theories, and preserve objections if the other side tries unpleaded issues."
Flores v. Flores
COA04
In Flores v. Flores, a post-divorce appellant sought to proceed on appeal without paying costs under Texas Rule of Civil Procedure 145. After the court reporter effectively contested his statement of inability to afford costs, the trial court held the required Rule 145(f) evidentiary hearing. Flores did not appear, and the trial court relied on evidence from the family-law record showing prior findings of net monthly income, business ownership, earning capacity, real-property interests, and an $80,000 vehicle purchase to find he could afford appellate costs. Reviewing for abuse of discretion, the Fourth Court of Appeals held that Rule 145(f) places the burden on the declarant to prove inability to afford costs, that a filed indigency statement alone is not enough once contested, and that the trial court did not abuse its discretion in sustaining the contest and requiring payment of costs.
Litigation Takeaway
"If you claim you cannot afford appellate costs in a family-law case, you must prove it with admissible evidence at the Rule 145 hearing. Prior divorce findings about income, assets, business ownership, and spending can defeat an indigency claim, and failing to appear at the hearing is often fatal."
Diaz-Perez v. State
COA04
In Diaz-Perez v. State, the defendant challenged his convictions for continuous sexual abuse of a child by arguing, among other things, that the trial court improperly admitted the mother’s outcry testimony because the State’s Article 38.072 written summary allegedly did not specifically disclose penile penetration. The Fourth Court of Appeals did not need to definitively decide whether the summary was too imprecise because any error was nonconstitutional and harmless under Texas Rule of Appellate Procedure 44.2(b). The court emphasized that the child later testified without objection to the same penetration detail, making the complained-of testimony cumulative and not outcome-determinative. The court also rejected ineffective-assistance claims tied to the failure to obtain a rebuttal expert because the appellate record did not show an available expert, proposed testimony, or resulting prejudice. The convictions were affirmed.
Litigation Takeaway
"In abuse-driven family-law cases, winning an evidentiary objection is not enough if the same fact comes in later through another witness or exhibit without objection. Preserve the issue across the full proof chain, because appellate courts are likely to treat notice or disclosure defects as harmless when the challenged allegation is later proved through cumulative evidence."
In the Interest of A. A. S.
COA03
In a restricted appeal from a private termination suit, the Third Court of Appeals held that termination under Texas Family Code § 161.001(b)(1)(F) requires clear and convincing evidence that the parent had the ability to support the child during each month of the relevant twelve-month period. Although the grandmother proved the mother had been ordered to pay support and paid nothing, the court concluded that nonpayment and the existence of a prior support order do not establish actual ability to pay. Because the written termination order relied solely on subsection (F) and the record contained no evidence of the mother’s employment, income, assets, or other facts showing ability to support during the statutory period, the evidence was legally and factually insufficient. The court reversed the termination order and remanded for a new trial.
Litigation Takeaway
"If you plead termination under § 161.001(b)(1)(F), arrearage evidence alone is not enough. You must build a month-by-month record showing the parent’s actual ability to support during the statutory period; if that proof is missing, subsection (F) is vulnerable on sufficiency review, including in a restricted appeal after a default prove-up."
In the Interest of J.J. III and D.R.L.J., Children
COA04
In this parental-rights termination appeal, the father challenged the sufficiency of the evidence supporting the trial court’s endangerment findings under Texas Family Code section 161.001(b)(1)(D) and (E), and he also challenged best interest. But he did not challenge the separate constructive-abandonment finding under subsection (N). The Fourth Court of Appeals applied the settled rule that one valid predicate ground under section 161.001(b)(1), coupled with a best-interest finding under section 161.001(b)(2), is enough to affirm termination. Because subsection (N) was an independent ground and was left unchallenged, the court treated it as established on appeal and affirmed the termination order without needing to decide the father’s attacks on subsections (D) and (E).
Litigation Takeaway
"In a termination appeal, you must challenge every independent predicate ground that can support the judgment. If even one statutory ground is left unchallenged, the court can affirm so long as the best-interest finding stands, making issue selection on appeal potentially case-dispositive."