Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
In The Interest of K.F.N., K.D.N., and K.N., Children
COA14
The Fourteenth Court of Appeals affirmed a trial court’s order terminating a mother's parental rights based on a history of physical abuse and unresolved substance dependency. Although the mother maintained a documented bond with her children and partially completed her court-ordered service plan, the court applied the Holley factors to determine that the children's needs for safety and stability outweighed the parental relationship. The court held that evidence of the mother’s prior criminal history involving injury to a child and her failure to remain sober during the proceedings was legally and factually sufficient to support the best-interest finding for termination.
Litigation Takeaway
"A parent-child bond does not act as a "veto" against the termination of parental rights; courts prioritize a child's need for a safe, drug-free environment over emotional ties when a parent has a history of endangerment or ongoing substance abuse."
Landry v. Currie
COA10
After a catastrophic motor vehicle accident involving an intoxicated employee, the Tenth Court of Appeals affirmed findings of negligent entrustment and respondeat superior liability against a business owner and his entity. The court analyzed whether the owner's direction for the employee to return a vehicle to a "company yard" fell under the "mission" exception to the coming-and-going rule, concluding the employee was acting within the scope of his employment. Ultimately, the court held that the owner was individually liable for negligent entrustment because the duty of care extends to the specific circumstances of the entrustment, and it upheld multi-million dollar noneconomic damage awards for physical impairment and mental anguish.
Litigation Takeaway
"Business owners and their spouses must be aware that individual liability for 'negligent entrustment' can create massive community debts that may liquidate family assets during a divorce; however, an innocent spouse may have a claim for 'waste' or 'reconstitution' if the other spouse's gross negligence led to the liability."
Cristy West v. Jimmie Ward
COA09
In West v. Ward, Cristy West filed for divorce claiming an informal (common law) marriage to professional football player Jimmie Ward. Ward denied the marriage existed, asserting they were only engaged. The court analyzed the case under Texas Family Code § 2.401(a)(2), focusing on whether there was a "present agreement" to be married. Despite social media posts where the parties used terms like 'wifey,' the court found that West's own private text messages—where she referred to herself as 'single' and discussed a 'future' wedding—contradicted the claim of a present marriage. The appellate court affirmed the jury's verdict that no marriage existed, holding that a future intent to marry is not a substitute for a current agreement to be married.
Litigation Takeaway
"Private communications often carry more weight than social media 'holding out.' Even if you represent yourselves as married on Instagram, private texts referring to each other as 'fiancé' or identifying as 'single' can be fatal to a common law marriage claim."
Ford v. State
COA13
In Ford v. State, a defendant appealed his capital murder conviction, challenging the seizure of evidence from a vehicle registered in his name. The Thirteenth Court of Appeals analyzed whether a party maintains a Fourth Amendment 'reasonable expectation of privacy' in property that has been legally awarded to an ex-spouse. The court held that a final divorce decree serves as a constitutional boundary; because the decree awarded the vehicle to the victim, the defendant's possessory and privacy interests were extinguished. As a result, the defendant lacked standing to challenge the search, regardless of whether the title had been formally transferred.
Litigation Takeaway
"A final divorce decree is a powerful tool that immediately terminates a spouse's privacy rights in awarded property. Practitioners should draft decrees with extreme specificity—including VINs and clear divestiture clauses—to ensure that an ex-spouse cannot later claim constitutional protections to block the discovery of evidence or the enforcement of property rights."
In Re Michael Wayne Lowman
COA09
After being found in contempt for failing to sign property listing documents required by a divorce decree, Michael Lowman was sentenced to 180 days in jail. He filed a petition for a writ of habeas corpus to challenge the legality of his confinement. However, by the time the Ninth Court of Appeals reviewed the case, Lowman had fully served his sentence and been released. The court analyzed the case under the mootness doctrine, noting that a writ of habeas corpus is a tool used specifically to challenge an existing restraint on liberty. Because Lowman was no longer confined, the court held that there was no longer a live controversy to resolve and dismissed the petition as moot.
Litigation Takeaway
"Habeas corpus is a race against the clock: if a client is jailed for contempt, you must immediately seek an emergency stay or a personal recognizance bond. If the client serves the full sentence before the appellate court rules, the case becomes moot, and you lose the chance to vacate a potentially void contempt order."
In Re Jose Francisco Quintero and JQ Brick Repair & Restoration Services, LLC
COA14
In a mandamus proceeding, the Fourteenth Court of Appeals addressed whether experts who author counteraffidavits under Texas Civil Practice and Remedies Code Section 18.001 are protected from deposition by the consulting expert privilege. The trial court had ordered the depositions of four experts who provided counteraffidavits but were not designated as testifying witnesses. Analyzing Texas Rules of Civil Procedure 192.3(e) and 192.7, the appellate court determined that because the experts were not designated to testify and their work was not reviewed by any testifying experts, they remained privileged consultants. The court held that serving a counteraffidavit does not constitute a waiver of the consulting expert privilege, and thus the trial court abused its discretion by compelling the depositions.
Litigation Takeaway
"Attorneys can effectively challenge the reasonableness of medical or professional expenses by using Section 18.001 counteraffidavits from consulting experts who remain immune from deposition, so long as those experts are never designated to testify and their work product is not shared with testifying experts."
WRENSFORD v. COOK
COA14
In Wrensford v. Cook, the appellant attempted to appeal a trial court's oral denial of a protective order. Although the trial court's docket sheet reflected the denial, no formal written order was ever signed by the judge. The Fourteenth Court of Appeals analyzed Texas Rule of Appellate Procedure 26.1 and established case law, determining that neither an oral pronouncement nor a docket entry constitutes a final, appealable judgment. The court held that it lacked jurisdiction to hear the case because a signed, written order is a mandatory prerequisite for appellate review, leading to the summary dismissal of the appeal.
Litigation Takeaway
"An oral ruling or a docket sheet entry is not enough to start the appellate process; you must ensure a formal written order is drafted and signed by the judge to preserve your right to appeal."
Best Choice Restaurants, LLC v. Edna Lumber Co., Inc.
COA13
While an appeal regarding a district court judgment was pending, the appellant (Best Choice Restaurants) and the appellee reached a settlement agreement. The appellant subsequently filed a voluntary motion to dismiss the appeal under Texas Rule of Appellate Procedure 42.1(a)(1), requesting that each party bear its own costs as agreed. The Thirteenth Court of Appeals analyzed the request under TRAP 42.1, finding that the settlement rendered the appeal unnecessary and that dismissal would not prejudice the rights of any other party. The court granted the motion, dismissed the appeal, and explicitly ordered that no motions for rehearing would be entertained to ensure the immediate and absolute finality of the settlement.
Litigation Takeaway
"To ensure a "clean break" and prevent "buyer's remorse" after reaching a settlement during an appeal, practitioners should file a voluntary motion to dismiss under TRAP 42.1(a)(1) and specifically request that the court preclude any motions for rehearing. This strategy secures immediate finality and protects the settlement from last-minute attempts to revive litigation."
Opinion by Justice Rivas-Molloy
COA01
In a delinquent-tax foreclosure case, Wanda Joyce Smith appeared at a trial setting and testified the judge postponed the matter to conduct a title search and told her a new hearing would be set, so she left expecting further notice. The court later signed a “final” judgment without notifying her of any new setting, leading to foreclosure and sale of the property; Smith learned of the judgment months later during eviction proceedings and filed a bill of review to set aside the judgment for lack of notice/due process. The trial court granted summary judgment against the bill of review and also disposed of Smith’s newly pleaded counterclaims and third-party claims. On appeal, the court applied the traditional bill-of-review elements (meritorious defense; prevented by fraud/accident/wrongful act or official mistake; unmixed with petitioner’s negligence) and the due-process framework of Caldwell v. Barnes for lack of service/notice. The court held Smith’s affidavit testimony that the trial court represented a future hearing would be set, yet later entered judgment without further notice, raised a genuine issue of material fact on “official mistake” and lack of negligence, making summary judgment improper on the bill of review. Separately, relying on the principle that a bill of review is a narrow, independent equitable proceeding limited to vacating or denying the challenged judgment, the court held the trial court lacked subject-matter jurisdiction to adjudicate new counterclaims and third-party claims before the underlying judgment was set aside; those claims were dismissed as premature.
Litigation Takeaway
"A bill of review is a two-step, narrow remedy: first you must prove the prior judgment should be vacated (often by showing lack of notice tied to “official mistake”); only after vacatur can the court reach the underlying merits or any new claims. If the petitioner offers specific testimony that the court/court staff said the case was “reset” or a new setting would be provided, that evidence can defeat summary judgment. If the bill of review pleading tries to bundle in new tort/contract/property claims or add new parties, move to dismiss them—jurisdiction is limited until the judgment is actually set aside."
Moir Watershed Services, LLC v. Law Office of Heath Gurinsky, PLLC and Spencer Hofmann
COA10
In Moir Watershed Servs., LLC v. Law Office of Heath Gurinsky, PLLC, a Texas-based company sued a New York law firm in a Texas court for legal malpractice and breach of contract. The New York firm challenged the lawsuit, arguing that Texas courts lacked personal jurisdiction over them since they were based in New York and the work was performed there. The Court of Appeals affirmed the dismissal of the case, holding that merely entering into a contract with a Texas resident does not establish the 'purposeful availment' necessary for jurisdiction. The court concluded that because the legal services were performed outside of Texas and the defendants did not specifically target the Texas market, they lacked the minimum contacts required to be sued in a Texas forum.
Litigation Takeaway
"Hiring an out-of-state attorney or expert for your legal matter does not guarantee you can sue them in Texas if something goes wrong. If their work is performed in their home state and they haven't purposefully reached into Texas to conduct business, you may be forced to litigate any malpractice or fee disputes in their jurisdiction, significantly increasing your costs and risks."