Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
786 opinions found
In re P.W.
COA02
A seventeen-year-old mother signed an affidavit of voluntary relinquishment of her parental rights that included an express waiver of service under Texas Family Code § 161.103. After her rights were terminated, she appealed, arguing the trial court lacked personal jurisdiction because, as a minor, she lacked the legal capacity to waive service of process. The Fort Worth Court of Appeals analyzed the conflict between the general common law rule prohibiting minors from waiving service and the specific provisions of the Texas Family Code. The court held that § 161.103 creates a specific statutory exception to the general disability of minority, meaning a minor parent's voluntary relinquishment affidavit containing a waiver of citation is sufficient to establish personal jurisdiction without formal service.
Litigation Takeaway
"Texas Family Code § 161.103 serves as a statutory override to the common law rule that minors cannot waive service; a properly executed relinquishment affidavit from a minor parent is sufficient to confer personal jurisdiction and protect a termination judgment from collateral attacks based on lack of service."
In the Interest of N.L.
COA09
After a trial court terminated a mother's parental rights based on findings of endangerment and failure to complete a service plan, her court-appointed counsel filed an Anders brief stating the appeal lacked merit. The Ninth Court of Appeals conducted an independent, de novo review of the record to ensure the trial court's findings under Texas Family Code Section 161.001(b) were supported by clear and convincing evidence. The court concluded that the evidence regarding the statutory predicates and the child's best interest was sufficient and affirmed the termination order, finding no arguable grounds for appeal.
Litigation Takeaway
"Building a trial record with 'clean' evidence—particularly regarding statutory endangerment grounds—makes a termination order significantly more difficult to overturn. The Anders protocol provides a mechanism for the finality of these orders when a thorough appellate review confirms that no reversible error occurred at the trial level."
Sanchez v. Gonzales
COA13
In Sanchez v. Gonzales, the appellant attempted to proceed with an appeal without paying filing fees by claiming indigency. The Thirteenth Court of Appeals abated the case multiple times to ensure the trial court complied with Texas Rule of Civil Procedure 145(f), which requires a specific written order to deny a claim of indigency. After the trial court conducted a hearing and issued a compliant order finding that the appellant was not indigent, the appellant still failed to remit the required fees. The appellate court analyzed the interplay between indigency protections and mandatory filing requirements, ultimately holding that the appeal must be dismissed for want of prosecution because the appellant failed to comply with the court's fee notices once his indigency claim was formally denied.
Litigation Takeaway
"To stop a stalled or tactical appeal, family law litigants should aggressively challenge false claims of indigency by requesting a Rule 145(f) hearing; once a trial court issues a formal written order finding the opponent can afford costs, their failure to pay filing fees provides a direct path to dismissing the appeal."
MedCare EMS v. Flores
COA13
In MedCare EMS v. Flores, a plaintiff filed a medical negligence claim after being injured when an emergency stretcher tipped over. The plaintiff timely served an expert report by a paramedic; however, Texas law requires a physician to provide opinions on medical causation. The defendant sought a mandatory dismissal, arguing the report was a legal nullity. The Thirteenth Court of Appeals analyzed the Texas Medical Liability Act (TMLA) under the "Scoresby" standard, which favors a lenient interpretation of expert reports. The court held that if a report is served timely and addresses the required elements—even if the expert lacks the specific statutory qualifications—it is considered a 'deficient report' rather than 'no report.' Consequently, the trial court has the discretion to grant a 30-day extension to cure the deficiency, preventing a 'gotcha' dismissal of potentially meritorious claims.
Litigation Takeaway
"A technical error in an expert's qualifications is not a terminal failure; as long as your initial report addresses standard of care, breach, and causation in good faith, you can secure a 30-day extension to fix qualification issues, such as replacing a paramedic's causation opinion with one from a licensed physician."
In re Jay W. Colvin III
COA01
In a dispute involving an arbitrator's subpoena for 'accountings' of real property transactions, the First Court of Appeals addressed whether such a request could force a party to create new financial records. The Relator argued that the order improperly required him to perform a forensic accounting service rather than simply produce documents. The court analyzed the language of the enforcement order, determining that 'accounting' was used as a noun referring to existing records already in the party’s possession and control. Ultimately, the court denied mandamus relief, holding that because discovery is limited to items already in existence, the order did not compel the creation of new work product, but rather the turnover of existing financial data.
Litigation Takeaway
"You cannot use a subpoena to force an opposing party to perform forensic work or create new financial reports for you. An 'accounting' request only compels the production of existing records; if you need a complex summary or tracing of assets for your divorce, you must obtain the raw data and have your own expert perform the analysis."
McKeand v. Lansdown
COA14
In this procedural dispute, attorney David McKeand challenged a $10,000 sanctions order and a 2021 disqualification order stemming from ongoing litigation between Renee Sizemore and Daniel Lansdown. The Fourteenth Court of Appeals analyzed the sanctions challenge under the mootness doctrine, finding that because the court had already granted mandamus relief directing the trial court to vacate those sanctions, there was no longer a live controversy to resolve. Regarding the disqualification order, the court determined it lacked jurisdiction because the order was issued during a prior modification phase that ended in a final judgment in 2022. The court held that McKeand's failure to challenge the disqualification at that time—either through mandamus or a timely appeal of the 2022 judgment—precluded him from raising it years later during an enforcement proceeding. The appeal was dismissed for want of jurisdiction.
Litigation Takeaway
"Family law litigation is often divided into distinct phases—such as modification and enforcement—each ending in its own final judgment. To preserve your rights, you must challenge interlocutory orders (like the removal of an attorney) immediately or directly after the final judgment of that specific phase; you cannot wait until a subsequent proceeding years later to raise old grievances. Additionally, obtaining relief via a writ of mandamus will effectively end any parallel direct appeal on the same issue."
In re Eandre Juwon Mott
COA09
In this parentage action, an incarcerated relator sought a writ of mandamus to compel a Jefferson County trial court to hold a hearing on a petition filed five years earlier. The Ninth Court of Appeals denied the petition, finding that the relator failed to provide a proper record or proof of service on the child's mother. The court analyzed the case under the high standards for mandamus relief, concluding that because the relator could not prove the case was "at issue" or that he had diligently pursued a setting, the trial court had no ministerial duty to act.
Litigation Takeaway
"Mandamus is an extraordinary remedy that requires more than just showing a case has been pending for a long time; you must provide a complete record proving that all parties have been served and that you have made recent, diligent efforts to secure a hearing."
S. T. v. Texas Department of Family and Protective Services
COA03
After a child was injured by a mother's partner, the Department of Family and Protective Services initially sought to terminate the mother's parental rights. However, following the mother’s successful completion of most of her service plan, the Department recommended a monitored return of the child. When the mother later tested positive for marijuana and allowed an unauthorized visitor, the trial court terminated her rights. On appeal, the Third Court of Appeals reversed the termination, analyzing the 'best interest' of the child through the Holley factors. The court held that because the Department had previously deemed the home safe for a return and the subsequent violations did not involve physical harm, the evidence was factually insufficient to support the permanent 'death penalty' of civil litigation: the termination of the parent-child bond.
Litigation Takeaway
"Progress in a service plan and Department concessions—like a recommended monitored return—create a powerful defense; if the State later pivots back to termination, they must prove that new, technical violations outweigh your demonstrated ability to provide a safe and stable home."
Burns v. Standard Casualty Company
COA14
In Burns v. Standard Casualty Company, a group of homeowners and their law firm faced significant financial sanctions after filing a lawsuit that a court deemed 'groundless.' The dispute began when the homeowners claimed that a frozen pipe burst during a winter storm should be classified as an 'explosion' under their insurance policy to secure higher coverage. The trial court found no evidence to support this claim and ruled that the lawsuit was brought in bad faith. On appeal, the Fourteenth Court of Appeals upheld the sanctions against the clients and their attorneys, largely because the lawyers failed to bring a court reporter to the hearing. Without a record of the evidence, the appellate court was forced to presume the trial judge's decision was correct.
Litigation Takeaway
"Baseless 'kitchen sink' legal claims can lead to expensive sanctions against both the client and the law firm. To protect your rights, always ensure a court reporter is present at hearings to record the evidence; otherwise, you lose your ability to challenge an unfair ruling on appeal."
In the Interest of C.R., a Child
COA04
The Fourth Court of Appeals affirmed a trial court's order terminating a mother's parental rights to her two-year-old child, who suffered from end-stage liver failure. The conflict centered on the mother's persistent failure to maintain a sterile environment and adhere to clinical protocols necessary for the child's survival before and after a life-saving transplant. The court analyzed the evidence under Texas Family Code Section 161.001(b)(1)(D) and (E), determining that the mother’s refusal to remediate horrific living conditions—including mold, maggots, and animal waste—despite receiving specialized education and free medical housing, constituted a conscious course of conduct that endangered the child. The court held that the evidence was legally and factually sufficient to support termination under both environmental and conduct-based grounds and that termination was in the child's best interest.
Litigation Takeaway
"In cases involving medically fragile children, 'endangerment' is a relative standard; a parent's failure to maintain sterile conditions or follow clinical hygiene protocols can elevate ordinary housekeeping issues to a termination-level 'conscious course of conduct.'"