Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
847 opinions found
City of Houston v. Sancelia Fonteneaux
COA14
A plaintiff sued the City of Houston (and METRO) for negligence after a bus door allegedly closed on her arm while she was boarding. The City sought dismissal under Texas Rule of Civil Procedure 91a, arguing the pleadings showed no Texas Tort Claims Act (TTCA) motor‑vehicle waiver because the bus was operated by METRO, a separate entity, not a City employee. The Fourteenth Court of Appeals applied Rule 91a’s pleading-only framework—accepting the petition’s facts as true, liberally construing them, and drawing reasonable inferences—and held the live petition plausibly alleged the TTCA motor‑vehicle waiver in Tex. Civ. Prac. & Rem. Code § 101.021(1) by alleging the injury arose from the operation/use of a motor vehicle and, alternatively, that the bus was owned/operated/maintained and/or driven by the City (or METRO), permitting an inference at the pleading stage that a City employee acting within scope could have operated the bus. The court also refused the City’s request to render judgment based on its pending traditional summary-judgment motion because the trial court had not ruled and Rule 91a does not allow evidence-based, “backdoor summary judgment” review. The denial of the Rule 91a motion was affirmed.
Litigation Takeaway
"Rule 91a is not a shortcut to win an immunity or “wrong entity” fight on disputed facts. If the petition pleads a concrete motor-vehicle injury mechanism and plausibly ties operation of the vehicle to a governmental unit—even in the alternative—the case will usually survive early dismissal and move into discovery; defendants should use evidence-based tools (plea to the jurisdiction/summary judgment) rather than a pleading-only Rule 91a attack."
In the Interest of A.Z., a Child
COA02
In a private SAPCR termination case, an incarcerated father failed to appear for the final hearing. The trial court had mailed him notice of the setting with instructions and a phone number to call the bailiff to appear telephonically. Father did not call in, and his mailed request asking the court to coordinate with his prison unit was file-stamped after the hearing. The trial court proceeded, found predicate grounds under Tex. Fam. Code § 161.001(b)(1)(F) (failure to support) and (L) (conviction for a listed offense, here sexual assault under Penal Code § 22.011), found termination in the child’s best interest, and terminated Father’s rights. On appeal, Father argued the court lacked personal jurisdiction (based on alleged noncitizenship), that proceeding without him violated his right of access to courts, and that the court should have granted a new trial. The Fort Worth Court of Appeals held Father’s personal-jurisdiction complaint was waivable and was forfeited by his participation after answering; the trial court provided a workable means of remote participation and was not required to halt the hearing based on a late-received request; and under the post-answer default/new-trial framework (Craddock/Dolgencorp), Father failed to show his nonappearance was not due to conscious indifference and otherwise did not meet the requirements for a new trial. The termination judgment was affirmed.
Litigation Takeaway
"When an incarcerated parent receives clear notice and a workable telephonic-appearance procedure, failure to timely follow it (or to secure prison-side coordination well in advance) is unlikely to overturn a termination on “access to courts” grounds. Preserve jurisdiction defenses early (special appearance before answering) and, after a post-answer default, support any motion for new trial with evidence meeting Craddock/Dolgencorp—conclusory complaints and late-filed requests usually won’t suffice."
In the Interest of A.B., A Child
COA05
In a divorce governed by a premarital agreement (PMA) eliminating community property and treating each spouse’s earnings as separate, the parties disputed ownership of a diamond ring purchased during marriage with Husband’s earnings and allegedly titled in his name. The trial court found the ring was initially Husband’s separate property under the PMA but that Husband later made an interspousal gift of the ring to Wife, confirming it as Wife’s separate property. On appeal, Husband challenged the sufficiency of the evidence supporting donative intent, delivery, and acceptance under the clear-and-convincing standard. Applying abuse-of-discretion review (with legal/factual sufficiency as factors) and viewing the evidence in the light most favorable to the finding, the Dallas Court of Appeals held the trial court could reasonably form a firm belief or conviction that Husband gifted the ring based on Wife’s testimony and circumstances: Wife selected/designed the ring, the jeweler delivered it to her, she wore it as her wedding ring for years, Husband bought a matching band later, he returned it after cleanings/appraisals, and he never demanded its return at separation. The court affirmed the decree confirming the ring as Wife’s separate property.
Litigation Takeaway
"Even with a “no community property” premarital agreement, high-value personal items can still change character through an interspousal gift. At trial, build (or attack) the gift elements—donative intent, delivery, and acceptance—using the parties’ conduct over time (possession, daily use, repairs/cleanings, related purchases, and separation behavior), because on appeal a supported gift finding is difficult to overturn under abuse-of-discretion review."
Corey Morrell v. Burton Baker, Individually and in his Professional Capacity; Lummus, Hallman, Pritchard & Baker, P.C.; and Mercer Transportation Co., Inc.
COA02
In a multi‑defendant, multi‑claim lawsuit, the trial court granted a combined Rule 91a and TCPA motion, dismissing several causes of action “with prejudice,” but the same order stated that the plaintiff’s “only remaining claims” were certain numbered counts in a referenced “Third Amended Petition.” The record did not contain that pleading, and the plaintiff pointed out the order’s internal inconsistency (dismissed claim titles versus allegedly surviving numbered counts). The trial court denied a motion to clarify and later signed a separate order awarding attorney’s fees under Rule 91a.7 and TCPA § 27.009(a)(1), including a Mother Hubbard clause and enforcement language, and it restricted discovery as to one defendant until fees were paid. The Fort Worth Court of Appeals analyzed finality under Lehmann/Elizondo by looking first to the face of the orders and then the record. Because the dismissal order itself indicated claims remained pending and was ambiguous/internally inconsistent about what survived, and because the fee order contemplated ongoing litigation and did not supply unmistakable finality language, the court held there was no final judgment disposing of all claims and parties. With no applicable statute authorizing an interlocutory appeal in this posture, the court dismissed the appeal for want of jurisdiction.
Litigation Takeaway
"A Rule 91a/TCPA win plus a fee award is not automatically appealable. Before noticing appeal, confirm the order unmistakably disposes of all claims and all parties (or obtain a severance). Do not rely on a Mother Hubbard clause or enforcement language to create finality—any “remaining claims” language, references to the wrong live pleading, or other internal inconsistencies can trigger a jurisdictional dismissal and waste months while the trial court case keeps moving."
Carlos Franco Hernandez a/k/a Carlos Alberto Hernandez Orta v. The State of Texas
COA02
In a criminal appeal arising from sexual assault allegations involving a 13-year-old, the Fort Worth Court of Appeals addressed two trial objections that commonly surface in family-law crossover cases: (1) whether the jury charge improperly included a Penal Code § 8.04(a) voluntary-intoxication instruction when the defendant did not affirmatively plead intoxication as a defense, and (2) whether admitting the Sexual Assault Nurse Examiner (SANE) nurse’s written report was reversible error as improper “bolstering.” The court held the intoxication instruction was proper because the record contained evidence of drinking from multiple sources (including the defendant’s admissions and the history reflected in the SANE documentation), and Texas law allows the instruction whenever evidence could lead jurors to think intoxication excuses conduct; the instruction tracked the statute and did not comment on the weight of the evidence. The court also held the SANE report was not excludable or reversible on a “bolstering” theory; bolstering is not a free-standing basis to exclude otherwise admissible evidence, and the argument largely collapses into hearsay/predicate issues that were not the focus of the appellate complaint. The convictions were affirmed.
Litigation Takeaway
"When dealing with SANE/medical records and repeated narratives in SAPCR or protective-order trials, “bolstering” is usually the wrong objection—and often an easy one to defeat if the exhibit is independently admissible. The real battleground is foundation, purpose, and embedded hearsay (plus Rule 403/redactions). Also, if intoxication evidence is in the record, expect courts to give clarifying/limiting instructions to prevent a “drinking excuses it” theme—so plan your proof and objections accordingly and preserve the correct grounds."
Westcott Law Group PLLC v. Paychex, Inc.
COA14
Paychex obtained a judgment titled “Final Default Judgment” against Westcott Law Group after Westcott missed its answer deadline. But Westcott had transmitted an answer and counterpetition over the weekend, which—under Tex. R. Civ. P. 21(f)(5)—was deemed filed at midnight on the next business day, making Westcott’s counterclaims (conversion, fraud, and DTPA violations) on file when the trial court signed the default judgment that Monday. On restricted appeal, the Fourteenth Court of Appeals first addressed jurisdiction and applied Texas finality law for non-conventional dispositions (including defaults): a judgment is final only if it actually disposes of all claims and parties or states with unmistakable clarity that it does so. Although the order was labeled “Final Default Judgment” and contained standard execution/enforcement language, it did not mention or dispose of Westcott’s counterclaims and did not include unequivocal all-claims/all-parties finality language. The court therefore held the judgment was interlocutory; and because Texas statutes authorize restricted appeals only from final judgments, no interlocutory restricted appeal was available. The court dismissed the restricted appeal for lack of appellate jurisdiction, leaving the counterclaims (and the case) pending in the trial court.
Litigation Takeaway
"Do not rely on a “final” caption. Before appealing—or enforcing—confirm the order either expressly disposes of every pleaded claim (including counterclaims, attorney’s fees, sanctions, reimbursement, and declaratory relief) or contains unmistakably clear all-claims/all-parties finality language. If anything remains pending, the “judgment” may be interlocutory, appellate deadlines may not run, and any attempted (restricted) appeal can be dismissed for want of jurisdiction."
In the Interest of I.S., a Child
COA10
In a termination of parental rights case, Mother timely requested a de novo hearing under Texas Family Code § 201.015 after an associate judge’s bench trial and proposed termination ruling. The referring district court began—but did not complete—the de novo hearing, then prematurely signed an order adopting the associate judge’s termination order (incorrectly reciting that no de novo demand had been made). Mother filed an accelerated notice of appeal the same day. The Tenth Court of Appeals held that, although procedurally erroneous, the adoption order was a final, appealable (voidable) judgment that triggered accelerated appellate deadlines and the running of the trial court’s plenary power. Because plenary power expired and appellate jurisdiction attached, the trial court lacked authority to later complete the de novo hearing or sign subsequent adoption/affirmance orders; those later actions were legal nullities and could not cure the § 201.015 violation. The court reversed the termination judgment and remanded for a proper de novo hearing.
Litigation Takeaway
"If a party timely requests a de novo hearing from an associate judge’s ruling, a referring court cannot sign an adoption order before completing the de novo hearing—and if it does, treat that adoption order as a final, deadline-triggering judgment immediately. File the accelerated appeal and/or plenary-power motions right away; do not assume the trial court can “fix it later,” because post-judgment de novo proceedings may be nullities once plenary power expires or an appeal is pending."
In the Interest of M.L. and E.L., Children
COA11
In a CPS termination appeal involving repeated cocaine use and newborn/child drug exposure, the Eleventh Court of Appeals reviewed whether the evidence met the clear-and-convincing standard for multiple pleaded predicate grounds under Texas Family Code § 161.001(b)(1)—endangering conditions/surroundings (D), endangering conduct (E), prior termination based on (D)/(E) (M), and “born addicted” (Q)—and for best interest under § 161.001(b)(2). The record showed multiple positive drug tests by Mother and at least one child, removals of two children, and later relapse while pregnant; but it also showed substantial rehabilitation (counseling, medication management, completion of outpatient treatment, and sustained negative tests) and a Department-supported monitored return that later failed due to the live-in partner’s marijuana-positive test rather than Mother’s. Applying the heightened legal- and factual-sufficiency standards for termination, the court conducted a ground-by-ground audit, requiring a tight evidentiary fit between the statutory elements and the proof rather than relying on a generalized “drug case” narrative. The court therefore affirmed the termination order in part, but reversed and remanded in part because one or more of the challenged statutory grounds and/or related findings (including best-interest as tied to those grounds) were not supported by clear and convincing evidence on this record.
Litigation Takeaway
"Even in strong drug-exposure cases, appellate courts will scrutinize each termination ground separately—so build an element-by-element record. If a third party’s drug use is the trigger (e.g., during a monitored return), prove the parent’s knowledge and protective capacity (or, for the defense, document prompt removal and safety measures). And if you plead “born addicted” under § 161.001(b)(1)(Q), you must prove addiction/withdrawal with medical precision—not just exposure or suspicion."
Strong v. State
COA02
In Strong v. State, a murder defendant sought a jury-charge instruction giving him the statutory presumption that his use of deadly force in self-defense was reasonable. The trial court refused because the presumption under Texas Penal Code §§ 9.31 and 9.32 is unavailable when the actor is “engaged in criminal activity” at the time of the force. On appeal, the Second Court of Appeals held the record conclusively showed Strong was engaged in criminal activity—unlawful possession of a firearm by a felon under Penal Code § 46.04—because he admitted he was a felon, knew he could not possess firearms, and used a firearm during the incident. Strong attempted to avoid the “criminal activity” bar by arguing § 46.04 was unconstitutional as applied to him under the Second Amendment, which (he claimed) would mean his possession was not “criminal activity” and the presumption instruction was required. The court rejected using an as-applied Second Amendment attack as a vehicle to obtain the presumption instruction on these facts and affirmed. Holding: the trial court did not err in denying the presumption-of-reasonableness instruction because Strong’s felon-in-possession status was contemporaneous criminal activity, and his as-applied constitutional challenge did not entitle him to the statutory presumption in the charge.
Litigation Takeaway
"When firearms are involved, a party’s prohibited-possessor status can strip away “presumptive reasonableness” / stand-your-ground framing. If the person with the gun was committing a firearms-possession offense at the time, Texas courts can treat that as contemporaneous “criminal activity” that defeats favorable self-defense presumptions—even if the party tries to reframe the issue with a constitutional challenge. In family cases, that supports protective orders, firearm surrender provisions, and best-interest arguments focused on ongoing illegality and risk."
Crystal Flack v. Michael Mendoza, Sr.
COA08
In this transferred appeal from a Travis County bench-tried divorce, the wife challenged a property division she claimed was impermissibly disproportionate—particularly a provision awarding the husband the first $30,000 of proceeds from the sale of the marital home. The El Paso Court of Appeals applied the highly deferential abuse-of-discretion standard under Texas Family Code § 7.001 (“just and right” division) and emphasized that neither party requested findings of fact and conclusions of law, requiring the court to imply all findings necessary to support the decree. On the record presented, the implied findings could support unequal allocations based on equity considerations such as the wife’s unilateral withdrawals and trading losses that depleted community assets, removal of funds from a joint account shortly before filing, the husband’s post-separation payment of home carrying costs, and the decree’s stated rationale tying the $30,000 offset to the wife’s lack of good-faith participation in the litigation. The court also rejected the notion that a no-fault (insupportability) divorce bars a disproportionate division; fault is only one of many permissible factors. Holding that the wife failed to show the division was arbitrary, unsupported by evidence, or manifestly unfair—especially given the lack of concrete valuation proof and the presence of implied findings—the court affirmed the decree.
Litigation Takeaway
"Property-division appeals are won or lost at trial: build a valuation record and request findings of fact. Without numbers and without findings, appellate courts will imply facts supporting a “just and right” division and rarely reverse—even if the decree looks unequal (like awarding one spouse the first $30,000 of sale proceeds). Litigation conduct and dissipation/waste evidence can justify disproportionate offsets in a no-fault divorce if tied to the record."