Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
786 opinions found
In the Interest of F.H. and D.K.A.
COA01
In this case, a mother appealed the termination of her parental rights, arguing that the evidence was insufficient because her related criminal charges had been dismissed and she had partially participated in her service plan. The First Court of Appeals rejected these arguments, focusing on the mother's long-term 'course of conduct.' The court analyzed her history of neglectful supervision, her failure to follow psychiatric recommendations, and her ongoing substance abuse—including positive tests for cocaine and marijuana. Ultimately, the court held that the mother’s persistent pattern of instability and failure to complete court-ordered services provided enough evidence of endangerment to justify termination in the children's best interest.
Litigation Takeaway
"Victory in criminal court does not guarantee victory in a CPS case; family courts look at the 'totality of the circumstances,' meaning that a history of neglect and a failure to strictly follow every psychiatric or drug-related recommendation in a service plan can lead to the permanent loss of parental rights."
In the Interest of B.C., a Child
COA02
A Mother sought to modify a residency restriction to move her child, who has severe autism and is nonverbal, from Texas to Florida to access specialized therapeutic and educational resources. The Father opposed the move and sought to further restrict the residency area. The trial court expanded the residency restriction to the continental United States, ordering the Mother to reimburse certain travel costs for the Father. The appellate court analyzed the case under the Lenz v. Lenz factors, noting that the child's specific medical needs, the Father's own relocation outside the restricted area, and his history of inconsistent visitation supported the move. The court held that the trial court did not abuse its discretion, as the expansion was in the child's best interest.
Litigation Takeaway
"In relocation cases involving special needs children, Texas courts may prioritize "resource disparity" over geographical proximity; practitioners should be aware that a non-custodial parent's own relocation can significantly weaken their ability to enforce or maintain local residency restrictions."
Hall v. State
COA10
In Hall v. State, an appellant challenged a conviction arguing that the trial court improperly restricted the impeachment of a witness via a prior inconsistent statement. The Tenth Court of Appeals analyzed the trial record under Texas Rule of Appellate Procedure 33.1, which requires a specific and timely objection to preserve error for appellate review. Because the defense counsel failed to explicitly characterize the evidence as "impeachment," mention a "prior inconsistent statement," or cite Rule 613 during the trial, the court held that the legal theory was never properly presented to the trial judge. Consequently, the court held the error was not preserved and affirmed the lower court's judgment.
Litigation Takeaway
"To preserve a complaint about excluded impeachment evidence for appeal, you must explicitly state on the record that the evidence is being offered for "impeachment" as a "prior inconsistent statement" under "Rule 613." Do not rely on the trial judge to infer your legal theory from the context of your questions."
Knight v. State
COA02
In Knight v. State, the defendant appealed a stalking conviction resulting from a two-year campaign of harassment that included over 200 emails, vexatious litigation, and the use of digital tracking software to monitor the victim's email activity. The Second Court of Appeals analyzed whether Texas Penal Code § 42.072 violated the First Amendment as applied to the defendant's conduct. The court held that the statute is constitutional, ruling that the defendant's actions—specifically sending photos of the victim's home coupled with 'I know where you live' rhetoric and digital surveillance—constituted 'true threats' and a regulable course of conduct rather than protected free speech.
Litigation Takeaway
"Digital surveillance and 'litigation abuse' are not protected by the First Amendment; evidence of email tracking, surreptitious photography, and repetitive harassing filings can support stalking findings, which are powerful tools for obtaining protective orders and challenging custody presumptions in high-conflict family law cases."
Mizell v. Coggins
COA10
Appellant Kristina Mizell sought to appeal a protective order, but failed to file the mandatory docketing statement required by Texas Rule of Appellate Procedure 32.1. Despite receiving formal warnings from the Tenth Court of Appeals that non-compliance would result in dismissal, Mizell only paid the filing fee and failed to submit the required statement or a motion for extension. The court analyzed the case under Rule 42.3(c), which allows for dismissal when an appellant fails to follow administrative requirements or clerk's notices. Consequently, the court held that dismissal was warranted due to the appellant's persistent failure to comply with procedural mandates.
Litigation Takeaway
"Procedural discipline is mandatory in appellate law; even if filing fees are paid, failing to submit required administrative documents like a docketing statement can result in the summary dismissal of your entire case."
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."
Admiral Insurance Company v. Lippert Components, Inc., et al.
COA10
In Admiral Insurance Company v. Lippert Components, Inc., an insurer denied a defense in a personal injury lawsuit based on an 'Injury to Workers Exclusion,' attempting to use extrinsic evidence to prove the claimant's employment status. The Tenth Court of Appeals analyzed the dispute under the 'eight-corners rule,' which limits the duty-to-defend analysis to the four corners of the plaintiff's petition and the four corners of the insurance policy. The court held that because the petition did not 'unambiguously' allege facts that triggered the exclusion, and because extrinsic evidence is generally inadmissible to negate the duty to defend in Texas, the insurer was required to provide a defense.
Litigation Takeaway
"To trigger an opposing party's insurance coverage in a domestic tort case, draft the petition to include allegations of negligence or recklessness; under the 'eight-corners rule,' if the petition does not 'unambiguously' trigger an intentional act exclusion, the insurer must provide a defense, regardless of what external evidence might later prove."
Ex parte Paul Daniel Dedrick
COA02
In a prosecution for child sexual abuse, the defense was granted a mistrial after the State disclosed bodycam footage mid-trial that it had previously represented was unavailable. The defendant subsequently sought habeas relief, arguing that the Double Jeopardy Clause barred a retrial. The Fort Worth Court of Appeals analyzed whether the prosecutor's late disclosure was intentionally designed to 'goad' the defense into moving for a mistrial. The court affirmed the denial of habeas relief, holding that because the delay resulted from technical errors, agency communication failures, and ransomware issues—rather than a deliberate tactical ambush—double jeopardy did not bar the State from retrying the case.
Litigation Takeaway
"When seeking 'nuclear' remedies like striking pleadings or excluding evidence due to late-disclosed government records (such as bodycam or CPS files), you must build a record of deliberate gamesmanship; mere bureaucratic dysfunction or technical errors will typically only result in a continuance or fee-shifting rather than case-ending sanctions."
City of Houston v. Castillo
COA14
After a motor-vehicle collision involving a City of Houston employee, the plaintiff sued under the Texas Tort Claims Act (TTCA). The City filed a Rule 91a motion to dismiss, arguing the plaintiff failed to negate the 'emergency' exception to the waiver of immunity and that the plaintiff judicially admitted the officer's immunity. While the City's interlocutory appeal was pending, the trial court issued a discovery order. The Court of Appeals held that a plaintiff is not required to preemptively negate TTCA exceptions unless their own pleadings plausibly implicate those exceptions. Crucially, the court also determined that a Rule 91a motion challenging immunity is a jurisdictional challenge that triggers an automatic statutory stay of all trial court proceedings under Section 51.014(b). The court affirmed the denial of the dismissal but granted mandamus relief to vacate the discovery order entered during the stay.
Litigation Takeaway
"When a governmental unit appeals the denial of a Rule 91a motion based on immunity, it triggers an automatic stay of all trial court proceedings under Tex. Civ. Prac. & Rem. Code § 51.014(b). Any orders signed during this stay, such as discovery or scheduling orders, are subject to vacatur via mandamus. Additionally, when suing a governmental entity, avoid pleading facts that suggest an emergency or 911 response unless you are prepared to affirmatively negate those specific immunity exceptions in your petition."