Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
874 opinions found
In the Matter of E.A., a Juvenile
COA10
In this case, a sixteen-year-old (E.A.) challenged a juvenile court’s decision to transfer his murder prosecution to an adult criminal court. E.A. argued that his below-average IQ and lack of a formal juvenile record should have kept him in the juvenile system. The Tenth Court of Appeals analyzed the transfer under Texas Family Code § 54.02, specifically evaluating the minor’s 'sophistication' and 'prior history.' The court determined that E.A.’s actions—such as hiding the murder weapon and fleeing the scene—demonstrated a legal sophistication and an understanding of right and wrong that outweighed his test scores. Furthermore, the court held that a history of nearly thirty school fights and numerous police visits to his home constituted a 'prior history,' even without formal arrests. Consequently, the appellate court affirmed the trial court's decision to waive jurisdiction and transfer E.A. to criminal court.
Litigation Takeaway
"In juvenile transfer proceedings, 'sophistication' is a legal determination based on conduct—like concealing evidence—rather than just an IQ score; additionally, school disciplinary records and non-arrest police contacts can be used to establish a 'prior history' sufficient to justify adult prosecution."
T & T Construction and Development v. Delossantos
COA14
T & T Construction and Development (T&T) sued multiple defendants alleging misrepresentations regarding sewer and water services for a property purchase. The defendants filed a no-evidence motion for summary judgment specifically attacking the element of 'reliance.' T&T subsequently amended its petition to swap theories for fraud-by-nondisclosure and negligent misrepresentation, then argued the summary judgment motion was ineffective because it did not explicitly address the newly added claims. The Fourteenth Court of Appeals analyzed whether a no-evidence motion can reach later-added causes of action that share common elements. The court held that because 'reliance' was an essential element of both the original and the newly pleaded claims, and because the claims arose from the same factual nucleus, the no-evidence motion was broad enough to cover the amended petition. The court affirmed the dismissal of all claims because T&T failed to produce evidence of reliance.
Litigation Takeaway
"You cannot avoid a no-evidence motion for summary judgment by simply amending your pleadings to new legal theories if those new claims share a common essential element (like reliance) already targeted by the motion; when faced with such a motion, you must provide actual evidence rather than relying on procedural maneuvers."
Thomas v. Clark
COA02
In Thomas v. Clark, the plaintiff's defamation suit was dismissed for want of prosecution (DWOP) after he failed to request timely citation, failed to submit a scheduling order, and missed a dismissal hearing. Thomas filed an unverified motion to reinstate, arguing excusable neglect. The Second Court of Appeals affirmed the dismissal, reasoning that a trial court possesses both inherent authority and statutory power under Rule 165a to manage its docket regardless of the case's underlying merits. The court held that because Rule 165a(3) explicitly requires a motion to reinstate to be verified, the trial court did not abuse its discretion in denying the motion due to the verification defect, even if the non-appearance was accidental.
Litigation Takeaway
"Procedural technicalities can defeat even the most meritorious claims. If a case is dismissed for want of prosecution, the motion to reinstate must be verified; failing to include a proper verification is a fatal error that allows the court to deny reinstatement regardless of your excuse for the delay."
Ray v. State
COA02
In Ray v. State, the Second Court of Appeals addressed a discrepancy between a trial court's oral pronouncement of a five-year sentence for child pornography and a written judgment that erroneously recorded a ten-year sentence. The court analyzed the 'oral pronouncement doctrine,' which dictates that the sentence delivered in open court controls over a conflicting written document. Applying Texas Rule of Appellate Procedure 43.2(b), the court held that it had the authority to modify the written judgment to 'speak the truth' and reflect the actual five-year sentence, even within an Anders proceeding where the appeal was otherwise found to be frivolous.
Litigation Takeaway
"Always verify a party's criminal sentence by reviewing the reporter's record of the oral pronouncement rather than relying solely on the written judgment; a clerical error in the written record could significantly shorten a perpetrator's incarceration, potentially compromising safety plans and visitation schedules in related family law litigation."
In the Interest of J.M., a Child
COA12
After the Department of Family and Protective Services filed a petition to terminate a mother's parental rights due to substance abuse and family violence, the parties executed a statutory Mediated Settlement Agreement (MSA) appointing the mother as a possessory conservator. Despite the agreement, the mother appealed the final order. The Twelfth Court of Appeals performed an independent review of the record and found the appeal frivolous under Anders v. California. The court held that because the MSA complied with Texas Family Code § 153.0071—including the required non-revocation language and voluntary signatures—it was binding on the trial court. While the court affirmed the judgment, it denied appointed counsel's motion to withdraw, clarifying that the right to counsel in government-initiated suits persists through the exhaustion of proceedings in the Texas Supreme Court.
Litigation Takeaway
"A statutory Mediated Settlement Agreement (MSA) is nearly unassailable on appeal if it contains the proper non-revocation language and is signed by all parties; furthermore, appointed counsel in CPS cases must remain on the case through the Texas Supreme Court level even if they believe the appeal is frivolous."
F.M.H. v. Texas Department of Family and Protective Services
COA03
In this case, a mother appealed the termination of her parental rights to her two children after she failed to complete any court-ordered rehabilitation services, including drug testing and domestic violence classes. The Third Court of Appeals analyzed the record after her appointed counsel filed an Anders brief, which argued that the appeal was frivolous. The court reviewed the mother's history of neglectful supervision, crack cocaine use, and sporadic contact with her children against the evidence that the children were thriving in stable, prospective adoptive homes. Ultimately, the court held that the mother's total failure to engage in her service plan and the children's best interests justified the termination of her parental rights.
Litigation Takeaway
"A parent's total failure to participate in court-ordered services and drug testing creates a nearly insurmountable hurdle on appeal, as the court will likely find no arguable grounds to reverse a termination when the children have achieved stability elsewhere."
Salinas v. Tovar
COA13
In Salinas v. Tovar, the Thirteenth Court of Appeals addressed whether a trial court could compel a defendant to produce his cell phone and iCloud data for forensic examination in an invasion of privacy suit involving allegations of illegal recording. The court analyzed the "act of production" doctrine under the Fifth Amendment, which provides that the physical act of handing over a device is a testimonial communication that confirms the device's existence and the party's control over it. Because the defendant faced potential criminal liability, and the plaintiff failed to prove that his possession of the phone was a "foregone conclusion," the court held that the order compelling production violated the defendant's privilege against self-incrimination. The court distinguished between permissible orders to preserve evidence and unconstitutional orders to affirmatively produce it.
Litigation Takeaway
"The Fifth Amendment's "act of production" doctrine can shield cell phones and digital devices from forensic discovery in civil cases if the act of turning them over confirms the party's possession of potentially incriminating evidence. To successfully compel production, a litigator must establish the device's existence and the opponent's possession through independent evidence—such as service provider records—to satisfy the "foregone conclusion" exception."
Cisneros v. Leal
COA04
After a minor passenger suffered catastrophic injuries in a car crash caused by a minor driver who had been drinking at several adults' homes, the victim sued the homeowners under Texas Alcoholic Beverage Code § 2.02(c). The trial court granted summary judgment for the homeowners, but the Fourth Court of Appeals reversed. The court analyzed the plain text of the 2005 statutory amendment, concluding that the Texas Legislature specifically created a civil cause of action against non-parent adults (21+) who knowingly provide alcohol to, or allow alcohol to be provided to, minors under 18 on premises they own or lease.
Litigation Takeaway
"Texas law provides a clear statutory path to hold non-parent adults liable for hosting underage drinking; family law practitioners can use this 'social host' liability to argue for restricted possession or supervision requirements when a parent’s household or social circle endangers a child through permissive alcohol use."
Thomas v. State
COA04
In Thomas v. State, a defendant challenged his conviction for aggravated sexual assault of a child, arguing that the evidence was insufficient to prove 'penetration' because the complainant denied full vaginal entry and used the phrase 'tried to penetrate.' The Fourth Court of Appeals analyzed the Penal Code and established case law, determining that penetration does not require full entry; rather, any contact more intrusive than the outer vaginal lips is sufficient. The court found that the complainant's testimony regarding 'pushing in' and sustained inward pressure for ten to twenty minutes allowed a rational jury to infer penetration. Additionally, the court addressed a dispute over jury readbacks, holding that trial courts have broad discretion under Article 36.28 to provide only the specific testimony in dispute rather than a comprehensive replay. The court affirmed the conviction, finding the evidence legally sufficient and no abuse of discretion in the trial court's limited readback.
Litigation Takeaway
"Legal 'penetration' in sexual abuse allegations—whether in a criminal trial or a family law SAPCR—does not require full entry; evidence of any intrusion beyond the outer labia, such as sustained inward pressure or 'pushing in,' is sufficient to support a finding of abuse. When dealing with jury readbacks or selective quoting of the record, attorneys must make specific objections that match their appellate theories to avoid preservation traps."
In Re Michelle Chase
COA05
In a Dallas County Suit Affecting the Parent-Child Relationship (SAPCR), Michelle Chase challenged the trial court's jurisdiction. After her plea was denied, she sought a writ of mandamus from the Fifth Court of Appeals to compel a dismissal. The appellate court denied the request, finding that Chase failed to meet the high 'Prudential' standard: proving a clear abuse of discretion and showing that a regular appeal would not provide an adequate remedy. Additionally, the court struck her petition and record because they contained unredacted sensitive information—including Social Security numbers and children's names—violating Texas Rule of Appellate Procedure 9.9.
Litigation Takeaway
"Seeking emergency mandamus relief for jurisdictional disputes is an uphill battle that rarely bypasses the standard appeal process; more importantly, a failure to strictly redact a child's sensitive information can result in the court striking your filings and delaying your case."