Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
667 opinions found
Alvarez v. State
COA06
In Alvarez v. State, the Sixth Court of Appeals addressed whether a defendant's seven-year confinement of a child in a van, which resulted in severe physical stunting and profound developmental delays, supported a conviction for injury to a child. The court analyzed the 'cumulative force' of the evidence, including the child’s lack of education, social isolation, and extreme malnutrition. The court held that such environmental deprivation constitutes both 'serious bodily injury' and 'serious mental deficiency' under the Texas Penal Code, affirming the defendant's first-degree felony conviction because the injuries were a direct result of intentional acts and the omission of necessary care.
Litigation Takeaway
"Severe neglect, educational deprivation, and social isolation can be legally classified as 'serious mental deficiency' and 'serious bodily injury.' This provides a powerful evidentiary framework for family law practitioners to seek the termination of parental rights or secure protective orders by framing 'off-the-grid' isolation not as a lifestyle choice, but as intentional harm."
Shamrock Enterprises, LLC d/b/a FRSTeam Gulfcoast/LA v. Top Notch Movers, LLC
Supreme Court of Texas
The Supreme Court of Texas reversed a no-answer default judgment against Shamrock Enterprises, LLC, obtained through Secretary-of-State substituted service, because the face of the record did not demonstrate strict compliance with the forwarding requirements of the Business Organizations Code § 5.253. The forwarding of process was not shown to be sent to the defendant's most recent address on file with the Secretary of State.
Litigation Takeaway
"Texas family law practitioners must ensure strict compliance with statutory forwarding requirements in cases involving default judgments using substituted service. Specifically, for Texas Secretary-of-State service, the record must explicitly show forwarding to the most recent address on file with the Secretary of State, as lacking this can render a default judgment subject to reversal on restricted appeal."
In re David Rogers
Supreme Court of Texas
Mandamus was denied because the relief sought required the Supreme Court to resolve genuinely disputed, material facts, which is generally incompatible with mandamus review. The Court also refused to impose a ministerial duty or find a clear abuse of discretion requiring acceptance of a post-deadline amended filing.
Litigation Takeaway
"Mandamus is not a substitute for proving facts in the trial court, and delay, especially tactical delay after an adverse ruling, can be fatal when asking an appellate court to act quickly. Relators must build a record fast and pursue the correct procedure, including expedited appeal when needed."
Coventry Court, LLC v. The Downs of Hillcrest Residential Association, Inc.
Supreme Court of Texas
The Texas Supreme Court held that the court of appeals must determine the validity of an appellate waiver and whether a consent judgment was rendered without consent before dismissing an appeal. This decision impacts family law settlements involving appellate waivers.
Litigation Takeaway
"If an appeal is met with a 'waived it' motion, factual development on waiver validity can be forced. When enforcing a settlement, create a record that can withstand 'no consent/void judgment' challenges."
4 Families of Hobby, LLC, 4 Families of Houston, LLC, and Pappas Restaurants, Inc. v. City of Houston, Texas
Supreme Court of Texas
The Texas Supreme Court determined that the plaintiffs deserved jurisdictional discovery on a key fact question regarding municipal expenditures under Chapter 252. Given that this fact is crucial to the application of Chapter 252's bid-law immunity waiver, the Court reversed the court of appeals' decision and returned the case for jurisdictional discovery.
Litigation Takeaway
"Family-law litigators should use this case as a strategic guide for standing and plea battles where decisive, fact-dependent elements exist, often within the opponent's control. The opinion reinforces the necessity for allowing focused jurisdictional discovery when jurisdiction relies on specific facts."
In re Estate of Guadalupe Lopez, Sr., Deceased
Supreme Court of Texas
The Texas Supreme Court held that admitting expert testimony on the existence of an informal (common-law) marriage was an abuse of discretion where the issue was within the ordinary juror’s common knowledge, and that the error was harmful.
Litigation Takeaway
"There are limits on expert testimony about legal status conclusions that jurors can resolve from ordinary facts. The opinion cautions against using former judges or similarly influential witnesses to opine on legal presumptions or ultimate marital-status questions"
City of Houston v. Harris
Supreme Court of Texas
The Supreme Court of Texas denied review of the Fourteenth Court of Appeals’ holding, allowing superseded admissions to be used as summary-judgment evidence, resulting in a circuit split regarding their evidentiary use.
Litigation Takeaway
"Superseded admissions in family-law cases can be treated as evidentiary material, influencing summary judgment strategies. Practitioners should carefully manage admissions and consider their potential evidentiary role even after amendments."
D.V. v. Texas Department of Family and Protective Services
Supreme Court of Texas
The Texas Supreme Court held that a trial court may not terminate parental rights when the Department’s designated representative made an unequivocal, unrepudiated statement at trial withdrawing termination as requested relief. Termination in such circumstances is impermissible unless the Department affirmatively repudiates that withdrawal on the record.
Litigation Takeaway
"This decision requires immediate adjustments in trial practice when DFPS participates in child-related proceedings. DFPS counsel must ensure their witnesses’ testimony about relief is consistent with counsel’s position or must promptly and explicitly correct the record. Defense counsel (parents) should treat any on-the-record DFPS concession about relief as binding unless reversed on the spot; when a concession occurs, opposing counsel should demand clarification, make contemporaneous requests to reopen testimony, object, or obtain a written stipulation to preserve appellate rights. Judges must recognize the binding consequence of a DFPS designated representative’s statements about relief and should require explicit clarification before entering termination judgments."
In re Lynn Madison
Supreme Court of Texas
The Supreme Court of Texas held that an interlocutory TCPA appeal automatically stays all trial-court proceedings until the appellate mandate issues. The stay remains in effect until the mandate is issued, and any trial court rulings prior to that are unauthorized.
Litigation Takeaway
"Family-law litigators must treat any interlocutory TCPA appeal as a complete bar to trial-court proceedings until the mandate issues. Monitoring the appellate docket is crucial to determine when trial courts may proceed."
Ja-Lynn Kuo; JLKUO, PLLC; Subho Mullick; SM ER, PLC; Salima Amina Thobani; and SRG Consulting, LLC v. Regions Bank
Supreme Court of Texas
The Texas Supreme Court held that summary-judgment evidence need only be on file at the time of the hearing to be considered under Tex. R. Civ. P. 166a(c), even if not physically attached to the motion. This decision reversed the court of appeals, which erred by refusing to address evidentiary challenges on forfeiture grounds when the parties agreed the evidence was on file.
Litigation Takeaway
"This opinion emphasizes that documentary evidence relevant in family-law cases, such as business valuations, tax returns, and attorney’s fee affidavits, are considered as long as they are on file and thus supports appellate court's consideration of evidence not physically attached to specific motions. It encourages seeking clarification instead of facing forfeiture if there is any uncertainty regarding on-file documents."