Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
1576 opinions found
In re Zermeno
COA07
In In re Zermeno, the Amarillo Court of Appeals conditionally granted mandamus after a trial court’s temporary orders named Father a joint managing conservator despite uncontroverted evidence that he had committed family violence against Mother within two years before the divorce was filed. The court focused on Texas Family Code section 153.004(b), explaining that the statute is not just a factor in the best-interest analysis; it prohibits appointment of joint managing conservators when credible evidence shows a history or pattern of physical abuse by one parent against the other. Because Father admitted multiple assaults, including one shortly before separation, and Mother and the parties’ adult children corroborated the violence, the trial court misapplied the law to essentially undisputed facts. The appellate court held that mandamus was the proper remedy for the unlawful temporary order and directed the trial court to vacate it.
Litigation Takeaway
"When credible evidence establishes a recent history or pattern of family violence, a Texas trial court cannot treat joint managing conservatorship as a compromise option. Family Code section 153.004(b) creates a hard statutory limit on the court’s discretion, and mandamus is available to correct temporary orders that ignore that limit."
Bradford v. State
COA10
In Bradford v. State, the Waco Court of Appeals held that a six-year-old child’s three out-of-court identifications of her assailant were admissible as excited utterances under Texas Rule of Evidence 803(2), even though the trial court declined to admit them under Article 38.072. The court focused on whether the child remained dominated by fear, pain, and emotional shock from the assault, and concluded that the record showed continuous stress from the immediate porch disclosure through later hospital statements. The court also rejected the Confrontation Clause challenge, reasoning that the statements were spontaneous, made to the child’s mother during crisis and treatment, and were non-testimonial rather than formal accusations for prosecution. The conviction was affirmed.
Litigation Takeaway
"If a child’s abuse disclosure does not fit a specialized hearsay statute, do not assume admissibility is lost. Build a Rule 803(2) record showing spontaneity, timing, visible distress, injuries, and continuing trauma; in family court, that can support admission of immediate child disclosures in emergency custody, protective-order, and supervised-possession disputes. To defeat admission, focus on reflection, prompting, intervening calm, and litigation-driven questioning."
In the Matter of D.A.
COA02
The Fort Worth Court of Appeals affirmed a juvenile court’s order modifying disposition and committing D.A. to the Texas Juvenile Justice Department after D.A. repeatedly violated probation, absconded for months, and continued using marijuana. On appeal, D.A. argued the trial court effectively refused to consider the full range of available dispositions because a requested psychological evaluation had been denied. The appellate court rejected that argument, holding the due-process version of the complaint was not preserved and that the record did not show the judge had prejudged the outcome or refused to consider lesser options. The court emphasized that a psychological evaluation is not a statutory prerequisite to a non-TJJD placement, the judge questioned D.A. about continued probation, and the trial court made the required statutory findings under the Family Code. Because substantive and probative evidence supported those findings, the commitment order was affirmed.
Litigation Takeaway
"If you want to argue on appeal that a trial court failed to consider lesser alternatives, you need a clear record showing it. Preservation, statutory findings, and concrete evidence of failed supervision matter more than rhetoric. If a denied evaluation or assessment is central to your theory, make the legal basis and resulting prejudice explicit in the trial court or the complaint will likely go nowhere on appeal."
Lind v. M3 Fort Worth Developer, LLC and The YoungESTone, LLC
COA10
In Lind v. M3 Fort Worth Developer, LLC, the Waco Court of Appeals held that a defendant who was properly served with the original petition but never answered did not have to be re-served with a later amended petition unless the amendment sought a more onerous judgment. Here, the amended petition made only corrective, non-substantive changes—such as fixing a name, counsel information, and service allegations—and did not change the claims, facts, or relief sought against Lind. Applying Texas default-judgment law and the restricted-appeal standard, the court concluded no service error appeared on the face of the record. The court also upheld the damages award, recognizing that default does not admit unliquidated damages or causation, but finding no reversible error in the proof presented.
Litigation Takeaway
"In default cases, the key question is not whether an amended petition became the live pleading, but whether it materially increased the responding party’s exposure. In family-law cases, re-service may be unnecessary for cleanup amendments, but if an amendment adds harsher conservatorship terms, broader property relief, fees, injunctions, or expanded enforcement remedies, failing to re-serve can jeopardize the default."
In the Interest of O.A., a Minor Child
COA05
In this case, a father sought to reduce his monthly child support payments, claiming his income had decreased and he had two additional children to support. The Dallas Court of Appeals affirmed the trial court's decision to deny the modification. The court emphasized that under Texas Family Code § 156.401(a), a person seeking a change must prove a 'material and substantial change' by providing clear evidence of both their financial situation at the time of the original order and their current circumstances. Because the father failed to admit recent financial documents like pay stubs into evidence—relying instead on testimony and outdated tax returns—the court held he did not meet his legal burden of proof.
Litigation Takeaway
"To successfully modify child support, you must present a complete evidentiary record; testimony alone is often insufficient without supporting documents like current pay stubs and tax returns to prove a material change in financial circumstances."
Fuhrman v. Fuhrman
COA09
In Fuhrman v. Fuhrman, the Ninth Court of Appeals held that detailed tax-allocation provisions in an agreed divorce decree could be enforced as a contract in a separate post-divorce civil suit. The decree required Deloitte to prepare the parties’ 2020 returns, made Douglas responsible for the first $270,000 of 2020 federal income tax, and required the parties to split any excess equally. After Douglas paid his tax liability and demanded reimbursement, Nancy refused, arguing in part that Douglas had not fully performed because he did not provide a K-1. The court rejected that argument, concluding the evidence supported the trial court’s finding that Douglas performed, tendered performance, or was excused, and that Nancy breached by failing to pay her allocated share. Because Douglas supported his calculation with returns, testimony, and a spreadsheet, the court affirmed a $187,244 damages award and $30,782.58 in attorney’s fees.
Litigation Takeaway
"If an agreed divorce decree allocates a financial obligation with commercial-contract precision, a former spouse may be able to enforce it later through a straightforward breach-of-contract suit and recover fees. For litigators, the lesson is to draft tax, indemnity, reimbursement, and equalization clauses with clear formulas, deadlines, and document-sharing duties—and to prove or defend those claims with actual evidence, not generalized complaints."
In re R.H. and E.H.
COA11
The Eleventh Court of Appeals affirmed termination of the mother’s parental rights to newborn twins after concluding the evidence was legally and factually sufficient to support the trial court’s best-interest finding under Texas Family Code § 161.001(b)(2). The court focused on the mother’s methamphetamine use throughout pregnancy, the twins’ positive drug tests at birth, ongoing domestic violence involving the father, the mother’s repeated decision to allow the father back into her life despite assaults, inconsistent NICU visitation, unsafe attempts to breastfeed despite hospital warnings, and refusal to cooperate with the Department’s testing, safety-planning, and service efforts. Applying the clear-and-convincing standard and the Holley best-interest factors, the court held the trial court could reasonably form a firm belief or conviction that the mother’s instability, poor judgment, and inability to protect the children would continue, making termination in the twins’ best interest.
Litigation Takeaway
"Drug use during pregnancy, continued exposure to a violent partner, and resistance to services can collectively support a best-interest finding even when a parent offers sympathetic explanations. In both CPS and private conservatorship cases, courts look for concrete protective change—not promises—and will treat past endangering conduct as strong evidence of future risk."
In re Marriage of Runyon
COA10
In In re Marriage of Runyon, a husband challenged a divorce decree that awarded his wife a $47,990 money judgment, allowed her to relocate their child to Florida, and ordered $1,840 in monthly child support. The Tenth Court of Appeals affirmed the trial court’s decision on all counts. The court analyzed the property division under the Murff factors, concluding that the husband's high income as an anesthesiologist compared to the wife's lower earnings justified an unequal division. Regarding the move to Florida, the court applied the Lenz factors and found relocation was in the child's best interest due to the presence of extended family. The court held that the trial court acted within its broad discretion and that the wife's legal pleadings were sufficient to support the remedies awarded.
Litigation Takeaway
"Trial courts have immense discretion in dividing property and determining a child's residence; if there is a significant income gap or a clear best-interest benefit to relocation (like family support), appellate courts are highly unlikely to reverse the decision."
In the Interest of B.C., a Child
COA02
The Fort Worth Court of Appeals largely upheld a post-answer default SAPCR order against a pro se father. The court concluded the record showed he had actual notice of the trial setting, his eve-of-trial email continuance request was not verified or supported by affidavit as Rule 251 requires, and his post-judgment effort to set aside the default did not establish reversible error under the standards governing post-answer defaults. The court also rejected his other complaints as unpreserved, inadequately briefed, or contradicted by the record. But it modified the final order to strike the child’s surname change because the mother never pleaded for that relief, and a court may not grant affirmative relief not supported by the live pleadings.
Litigation Takeaway
"Two family-law lessons stand out: post-answer defaults are hard to undo without a properly supported Craddock record, and even in SAPCR cases a final order cannot include affirmative relief that was never pleaded. Plead every item of requested relief, and if you seek to set aside a default, use a properly signed, sworn, and fully developed motion."
In the Interest of A.S., a Child
COA02
The Fort Worth Court of Appeals affirmed termination of a father’s parental rights under Texas Family Code § 161.001(b)(1)(F) and § 161.001(b)(2). Mother sought termination after Father failed to pay support, had no in-person contact following a Rule 11 agreement suspending access pending a mental-health evaluation, and challenged the sufficiency of the evidence on both the predicate ground and best interest. The court emphasized that a failure-to-support termination requires proof of the parent’s actual ability to support the child during each month of the relevant twelve-month period; a prior support order or arrearage evidence alone is not enough. Applying deferential legal- and factual-sufficiency review, the court held the trial judge could disbelieve Father’s testimony minimizing his income and infer from the broader financial record that he had some ability to pay but failed to support the child in accordance with that ability. The same evidence, together with Father’s prolonged absence and instability in the parent-child relationship, supported the best-interest finding. The termination order was affirmed.
Litigation Takeaway
"In a § 161.001(b)(1)(F) case, the winning record is a month-by-month ability-to-pay record, not just proof of arrearages. Petitioners should build concrete evidence of income, resources, and spending during the statutory twelve-month window, while respondents need disciplined documentary proof of genuine inability to pay because unsupported excuses and credibility problems can be fatal."