Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
847 opinions found
Members Choice Credit Union v. Juan Menjivar
COA14
Members Choice Credit Union (MCCU) sued Juan Menjivar for a deficiency balance following a vehicle repossession. Before trial, the court excluded MCCU's business records because they were not served 14 days in advance as required for self-authentication under Rule 902(10). Despite presenting a witness at trial, MCCU failed to re-offer the documents or make an 'offer of proof' on the record. The Fourteenth Court of Appeals affirmed the trial court's take-nothing judgment, holding that without a reporter’s record or a formal bill of exception showing what the excluded evidence was, the appellate court must presume the trial court’s ruling was correct.
Litigation Takeaway
"Winning on appeal requires more than just being right; it requires a complete record. If a judge excludes critical evidence like bank statements or medical records, you must immediately make an 'offer of proof' on the record or file a 'formal bill of exception.' Without these steps, the appellate court will assume the trial judge was right, even if the documents should have been admitted."
In the Interest of A.C. and N.C., Children
COA07
In a Texas parental-rights termination appeal, the parent’s appellate counsel moved to withdraw after briefing was complete, citing a new employment-based, “irreconcilable” conflict. Because termination appeals are accelerated and parents have a protected right to counsel, the Seventh Court of Appeals declined to proceed on an unclear record regarding counsel’s conflict and the parent’s continued representation. The court abated the appeal and remanded to the trial court to (1) rule on the withdrawal motion, (2) determine whether replacement appellate counsel must be appointed, and (3) create an appellate-ready supplemental record—including findings of fact and conclusions of law and any reporter’s record of the hearing—by a firm, expedited deadline (March 31, 2026).
Litigation Takeaway
"In accelerated family-law appeals (especially termination), a withdrawal or conflict motion is not “paperwork”—it can stop the appeal. Get a prompt trial-court ruling, make a record (hearing + reporter), and secure written findings and a supplemental clerk’s record quickly, or the court of appeals will abate and impose strict deadlines that can compress briefing and jeopardize client rights."
Roy Jones, III v. Sheryl Harris
COA14
After a 1976 divorce decree provided that each spouse would receive half the equity upon sale of the marital home, the house was never sold and the ex-husband remained in possession for decades. After his death, his son claimed 100% ownership based on a recorded 1976 quitclaim deed purportedly signed by the ex-wife and, alternatively, adverse possession. The ex-wife filed a partition/title action in Brazoria County district court seeking to cancel the deed and confirm her undivided interest. The Fourteenth Court of Appeals held the suit was properly treated as a present title/partition dispute—not an impermissible modification or enforcement action confined to the divorce court’s continuing jurisdiction under Family Code Chapter 9—so the district court had subject-matter jurisdiction. On the merits, the court affirmed the rejection of adverse possession because long-term exclusive possession and payment of expenses did not establish hostile repudiation against a co-owner, especially in light of evidence that the decedent continued to acknowledge the ex-wife’s ownership. The court also upheld the jury’s forgery finding and the trial court’s evidentiary rulings admitting the decedent’s out-of-court ownership statements (and related probate inventory language) under applicable hearsay doctrines, and affirmed denial of a motion to disqualify opposing counsel.
Litigation Takeaway
"Decades after divorce, “zombie property” disputes may be litigated as partition/title cases in district court even when the property division originated in a divorce decree. And don’t assume possession equals ownership: to win adverse possession against an ex-spouse/co-tenant, you need clear, communicated repudiation—while the other side can defeat limitations with admissions (family statements, probate filings) showing continued recognition of shared ownership and can use those same facts to attack a late-produced deed as forged or unreliable."
Andrew Thomas Vidal v. The State of Texas
COA08
In a continuous child sexual abuse prosecution, the defendant argued on appeal that a visiting judge’s voir dire comments about the difficulty and prevalence of child-sex-abuse cases improperly “set an unfavorable tone,” conveyed an opinion of guilt in violation of Texas Code of Criminal Procedure article 38.05, and undermined due process and the presumption of innocence—despite no trial objection. The El Paso Court of Appeals reviewed the remarks in context and treated them as permissible “process” comments aimed at screening jurors for suitability in an emotionally charged case, emphasizing that the judge repeatedly redirected the panel to the presumption of innocence. The court held the comments did not communicate that the judge believed the State’s evidence, disbelieved the defense, or had predetermined the outcome. And even assuming the remarks approached the line, the appellant failed to demonstrate reversible harm. The court affirmed the conviction and concurrent sentences.
Litigation Takeaway
"In abuse-allegation trials (including SAPCRs and protective-order cases), appellate courts distinguish between neutral, case-management/voir dire comments acknowledging difficult subject matter and improper comments that signal credibility or merits. If a judge’s remarks start drifting from “process” to “proof,” object and build a harm record immediately (request curative instructions, get rulings, and tie the comment to concrete prejudice); without a specific harm narrative, “tone-setting” complaints rarely win on appeal."
In re Praveen Venkateswara Pinnamaneni
COA01
In an original habeas corpus proceeding arising from a Harris County divorce case, the relator sought release from a civil contempt commitment order jailing him for six violations of agreed temporary orders requiring spousal support payments. The First Court of Appeals emphasized that habeas relief from a contempt confinement is available only when the relator affirmatively shows the commitment is void or the confinement otherwise unlawful, and the relator bears the burden to supply a record demonstrating that defect. Even though no respondent filed a response and the court had temporarily released the relator on a $500 bond while it reviewed the petition, the court concluded the relator did not carry his burden to show any jurisdictional, due-process, specificity, or other facial defect rendering the contempt/commitment order void. The court therefore denied habeas relief, lifted the temporary bond-release order, and dismissed pending motions as moot.
Litigation Takeaway
"Contempt habeas is narrow and record-driven: to get a client out of jail, you must bring a complete record showing a facial/jurisdictional or due-process defect that makes the commitment order void; a temporary bond release or the other side’s nonresponse will not win the case for you."
Rhonda Williams v. Javier Alessandro Madrid Urquia and Jhonny Javier Madrid Urquia
COA14
In this case, plaintiffs sued the City of Houston and its employee, Rhonda Williams, after a motor vehicle collision. After nonsuiting that initial case, the plaintiffs filed a second suit against Williams individually. Williams moved for summary judgment, arguing that under Texas Civil Practice & Remedies Code § 101.106(a), the initial suit against the City constituted an irrevocable election of remedies that barred any future claims against her individually. The trial court denied the motion, but the Fourteenth Court of Appeals reversed. The appellate court analyzed the Texas Tort Claims Act (TTCA), concluding that the act of filing suit against a governmental unit immediately and permanently bars claims against the employee regarding the same subject matter, and a subsequent nonsuit cannot 'reset' this election.
Litigation Takeaway
"Be extremely cautious when naming a governmental unit in a lawsuit; under the Texas Tort Claims Act, once you sue a city or county for an incident involving an employee, you are 'immediately and forever' barred from suing that employee individually. This election of remedies is irrevocable, meaning a nonsuit or an amendment to your pleadings cannot undo the bar and restore your ability to pursue the individual defendant."
Vijayalakshmi Nadar v. Thinakar Nadar
COA05
In a post-divorce property-division enforcement fight, the ex-wife sought to compel delivery/transfer of property awarded to her in the 2017 decree (safe-deposit contents, stock, and compensation tied to a Mumbai flat), while the ex-husband countered that she had wrongfully remained in possession of the Plano residence awarded to him and sought reimbursement for payments he made on debt tied to a vehicle awarded to her. The trial court managed the matters together (hearing the enforcement the same day as a bill of review) under a previously agreed scheduling order and limited each side to one hour total; it denied all relief requested by the wife, held her delivery-type claims for the safe-deposit contents and stock time-barred, and awarded the husband money judgments for damages related to her continued occupancy of the residence and for vehicle-debt payments. The Dallas Court of Appeals affirmed, holding (1) the wife failed to preserve any due-process/case-management complaint about consolidation or time limits, (2) the trial court did not err in applying limitations to the wife’s delayed enforcement requests for delivery/transfer relief, and (3) sufficient evidence supported the trial court’s discretionary enforcement remedies awarding the husband $195,000 for extended post-decree occupancy of the residence and $9,600 for vehicle-debt reimbursement.
Litigation Takeaway
"Post-divorce “enforcement” is time-sensitive and proof-driven: delay can bar your affirmative requests by limitations and simultaneously expose your client to large offsetting money judgments for ongoing noncompliance (like staying in a house the decree awarded to the other spouse). Preserve procedural objections (time limits/consolidation) with a timely objection, offer of proof, and ruling, and come to a short bench trial with clean, documented damages and payment histories."
In re the Commitment of George Dewey Stark
COA05
In this civil-commitment case, George Dewey Stark appealed a judgment declaring him a sexually violent predator, arguing that existing Texas Supreme Court precedent effectively eliminated a required statutory element, thereby violating his due process rights. The Dallas Court of Appeals analyzed the substance of the argument and determined it was a constitutional challenge to the law as applied. The court held that under Texas Rule of Appellate Procedure 33.1, even constitutional and due-process complaints must be raised in the trial court to be preserved for appeal. Because Stark failed to object or raise this theory during the trial proceedings, the court found the issue waived and affirmed the judgment.
Litigation Takeaway
"Constitutional and due-process arguments are not "get out of jail free" cards for a failure to object at trial. To save an issue for appeal—even one involving fundamental rights—you must make a specific and timely objection in the trial court and obtain a ruling."
In re A.R.M.
COA08
In an original proceeding arising from a divorce and SAPCR, the relator sought mandamus to vacate various trial-court orders and requested an emergency stay. The Eighth Court of Appeals denied relief because the petition and record did not strictly comply with Texas Rule of Appellate Procedure 52: the petition omitted required sections and the Rule 52.3(j) certification, provided no meaningful citations to legal authority, and was supported by an appendix/record that was neither sworn nor certified. The court further held mandamus was improper because the relator asserted a final divorce decree had been signed and a direct appeal was pending, making appeal an adequate remedy for the decree and for interlocutory rulings that merged into the final judgment. Separately, the court struck the appendix and mandamus record for containing unredacted sensitive data about a minor in violation of TRAP 9.9 (authorized by TRAP 9.4(k)) and dismissed the stay motion as moot.
Litigation Takeaway
"Mandamus in Texas family cases is unforgiving: (1) strict TRAP 52 compliance is a threshold requirement—missing sections, lack of authority, or an unsworn/uncertified record can sink the case before the court reaches the merits; (2) if a final divorce/SAPCR judgment exists (or you allege finality), appeal is usually the adequate remedy and interlocutory complaints typically must be raised in that appeal; and (3) TRAP 9.9 redaction is mandatory—filing unredacted child identifiers can get your record struck and destroy your ability to obtain emergency relief."
Blanca Concepcion Gutierrez-Morales v. Adrian Jesus G. Morales
COA08
After a mediated settlement in a Texas partition suit over a family home was reduced to a judgment requiring a $40,000 buyout, the appellant moved for new trial claiming “newly discovered evidence” (alleged incorrect ownership percentages based on adoption-related facts, an alleged attorney conflict from a separate probate matter, and newly learned information about the home’s condition supported by photos). The motion was overruled by operation of law, and the appellant appealed only the denial of the new-trial motion. The Eighth Court of Appeals treated preservation as the threshold issue under Tex. R. App. P. 33.1(b), explaining that an operation-of-law denial preserves complaints only when the issue can be properly presented without taking evidence. Because a newly-discovered-evidence new-trial ground requires competent, admissible proof of the required elements (post-trial discovery, diligence, non-cumulative nature, and materiality/probable effect on the result), the movant must request and obtain a hearing and introduce evidence into the record. Attachments to the motion (e.g., a birth certificate, docket sheet, and photos) were not a substitute for evidence introduced at a hearing. With no hearing and no evidentiary presentation, the complaint was waived, leaving nothing for appellate review; the court affirmed.
Litigation Takeaway
"If your motion for new trial depends on facts outside the trial record (like “newly discovered evidence”), you must timely request and obtain a hearing and put competent, admissible evidence into the record. Letting the motion die by operation of law—especially with only unauthenticated attachments—waives the issue on appeal and can turn a potentially strong argument into a complete preservation loss."