Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
786 opinions found
Ronald L. Crawford, Jr., Appellant v. Yasser Aftab Sharif, Appellee
COA01
In a post-foreclosure eviction (forcible detainer), the occupant argued the foreclosure sale was fraudulent and that the trial court therefore lacked subject-matter jurisdiction because the case necessarily involved title. The First Court of Appeals rejected that argument, explaining that Texas justice courts (and county courts on de novo appeal) have jurisdiction to decide only the right to immediate possession, not title, and that a challenge to foreclosure validity does not defeat jurisdiction unless possession and title are so intertwined that possession cannot be decided without first adjudicating title. Because the purchaser presented proof of the foreclosure purchase and notice to vacate, and the occupant did not show the title issues were inseparable from possession (and provided no reporter’s record), the courts could decide possession independently. The court affirmed the judgment awarding possession (and, given the absent record, presumed the evidence supported damages and attorney’s fees as well).
Litigation Takeaway
"In Texas, you usually can’t stop an eviction by attacking the underlying foreclosure or transfer: forcible detainer is about immediate possession, not who ultimately owns title. For family-law “holdover spouse” situations, use justice-court eviction when a decree/transfer document provides an independent right to possession (often via tenancy-at-sufferance language), and don’t expect a separate title/decree attack to automatically stall removal."
In Re Marisol Garza
COA13
In a contract dispute that lasted over eleven years, the defendant moved for dismissal for want of prosecution after a 46-month period of total inactivity by the plaintiff. The trial court denied the motion, but the Thirteenth Court of Appeals conditionally granted mandamus relief. The appellate court analyzed Texas Rule of Civil Procedure 165a and the court's inherent power, determining that the burden to prosecute a case rests solely on the plaintiff. The court held that the trial court abused its discretion because the plaintiff failed to show good cause for the extensive delays, and the COVID-19 pandemic did not justify a nearly four-year lapse in activity.
Litigation Takeaway
"Don't let 'zombie' litigation linger; if an opposing party files a suit to secure temporary orders and then abandons the case for years, you can force a dismissal. The duty to move a case forward belongs entirely to the person who filed it, and even significant events like the COVID-19 pandemic do not excuse years of total inactivity."
Yuqian Gan v. Arnoldus Mathijssen
COA03
During a divorce between Yuqian Gan and Arnoldus Mathijssen, the trial court awarded the husband a disproportionate share of the community property because the wife had unilaterally depleted joint bank accounts and paid family members post-separation. The court also lowered the husband's child support payments to account for his significant travel expenses for visitation. On appeal, the Third Court of Appeals upheld the property division, ruling that the wife's "financial self-help" constituted a breach of fiduciary duty. However, the court reversed the child support award, holding that the trial court's failure to include specific, mandatory written findings required by Texas law when deviating from support guidelines was a reversible error.
Litigation Takeaway
"Even if there is a valid reason to deviate from standard child support amounts—such as high travel costs for visitation—the court must include specific statutory 'math' and findings in the order, or the ruling will be overturned. Furthermore, using community funds for personal benefit after a separation can be legally classified as a breach of fiduciary duty, justifying an unequal division of property."
ATC Indoor DAS LLC v. MM CCM 48M Leasing, LLC and MM CCM 48M, LLC
COA05
A commercial tenant sued its landlord for breaching a long-term lease after the landlord bought a distressed shopping mall and unilaterally terminated the lease to close and redevelop the property. The landlord obtained summary judgment by asserting the affirmative defense of commercial impracticability, arguing the lease’s “basic assumption” (a functioning mall with patrons) had failed. The Dallas Court of Appeals applied Restatement (Second) of Contracts § 261 as used in Texas: impracticability requires an event that makes performance objectively impracticable, the nonoccurrence of which was a basic assumption of the contract, and the event must be unforeseeable. The court emphasized that impracticability is not mere unprofitability and focused on foreseeability: the landlord purchased the mall as a distressed property intending redevelopment, making closure and demolition foreseeable (and effectively self-created). Because the closure was not an unforeseeable event and did not render performance objectively impossible, the defense failed. The court reversed the summary judgment, rendered judgment that the landlord breached the lease, and remanded for determination of damages and attorney’s fees.
Litigation Takeaway
"“My business failed” or “the deal stopped making economic sense” is usually not a legal excuse to dodge a settlement or property-division obligation. To prove impracticability under Texas law, the obligor must show a truly unforeseeable event that makes performance objectively impossible—not merely financially painful or unprofitable—especially where the risk was known, foreseeable, or the hardship was the party’s own strategic choice."
Owens v. Johnson
COA01
In Owens v. Johnson, a military service member sought to reduce his child support payments, claiming his income had decreased due to changes in his service status and a significant increase in insurance costs. Despite his testimony, he failed to provide official financial documentation, such as Leave and Earnings Statements (LES), to support his claims. The trial court chose to credit the mother's testimony and disbelieve the father's uncorroborated assertions, setting a higher support amount and confirming child support arrears. The Court of Appeals affirmed the decision, emphasizing that trial judges are the sole judges of witness credibility and that a party's self-serving testimony can be disregarded if it lacks objective corroboration.
Litigation Takeaway
"When seeking to modify child support, testimony is not a substitute for a paper trail. If you claim a decrease in income but fail to produce readily available financial records like pay stubs or tax returns, the court has the discretion to completely disregard your testimony and maintain your current support obligations."
In The Interest of K.F.N., K.D.N., and K.N., Children
COA14
The Fourteenth Court of Appeals affirmed a trial court’s order terminating a mother's parental rights based on a history of physical abuse and unresolved substance dependency. Although the mother maintained a documented bond with her children and partially completed her court-ordered service plan, the court applied the Holley factors to determine that the children's needs for safety and stability outweighed the parental relationship. The court held that evidence of the mother’s prior criminal history involving injury to a child and her failure to remain sober during the proceedings was legally and factually sufficient to support the best-interest finding for termination.
Litigation Takeaway
"A parent-child bond does not act as a "veto" against the termination of parental rights; courts prioritize a child's need for a safe, drug-free environment over emotional ties when a parent has a history of endangerment or ongoing substance abuse."
Valerie Lauren Mata v. The State of Texas
COA01
In Mata v. State, the defendant pleaded guilty to improper relationship with a student and received a five-year sentence, then attempted to appeal despite having signed a waiver of appeal. The First Court of Appeals analyzed whether it had jurisdiction in light of that waiver where sentencing was left to the trial court (i.e., not a fixed-sentence plea bargain). Applying Ex parte Broadway and Carson, the court treated the waiver as a bargained-for exchange and held it is enforceable when supported by consideration—here, the State’s waiver of its right to a jury trial—even without an agreed sentence. Because the trial court’s certification correctly reflected that Mata had no right of appeal, the appellate court was required to dismiss the appeal for lack of jurisdiction.
Litigation Takeaway
"A properly documented criminal appellate waiver can make a conviction effectively “final” immediately, eliminating appellate-delay arguments in related family cases. In termination or custody litigation involving criminal conduct, obtain the clerk’s record and certification to confirm (1) a signed waiver, and (2) consideration (e.g., the State waived a jury). Then use the dismissal/waiver to oppose stays and to support termination grounds or evidentiary finality arguments."
The Great American Pool, L.L.C. d/b/a American Pools of Houston v. Mary J. Phenneger and Joedy Phenneger
COA01
In a dispute that the trial court sent to arbitration, The Great American Pool, L.L.C. attempted to appeal the trial court’s order granting Mary and Joedy Phenneger’s motion to compel arbitration. The First Court of Appeals analyzed its subject-matter jurisdiction, reiterating that Texas appellate courts generally may review only final judgments unless a statute expressly authorizes interlocutory review. Because an order compelling arbitration does not dispose of all parties and claims—it merely changes the forum and typically stays the case—and because the Texas Civil Practice and Remedies Code provides interlocutory appeal rights for orders denying arbitration (but not for orders granting arbitration), the court held the order was an unappealable interlocutory order. Lacking statutory authorization for interlocutory review, the court dismissed the appeal for want of jurisdiction (granting appellant’s requested dismissal).
Litigation Takeaway
"Treat a hearing on a motion to compel arbitration as make-or-break: if the court compels arbitration, you usually cannot take an immediate interlocutory appeal. To challenge an erroneous order compelling arbitration, be prepared to pursue mandamus (and build a record), or you may be forced to arbitrate to the end before any ordinary appeal is possible."
Griffin v. Cruz
COA01
In this case, an appellant sought to challenge a protective order issued by a Brazoria County district court. However, the appellant failed to fulfill basic administrative requirements, specifically the payment of appellate filing fees and clerk’s record costs. Despite receiving multiple deficiency notices and warnings from the First Court of Appeals, the appellant neither remitted payment nor filed a statement of indigence. The court analyzed the case under Texas Rules of Appellate Procedure 5, 37.3(b), and 42.3, concluding that the failure to advance the record was the appellant's fault. Consequently, the court dismissed the appeal for want of prosecution, leaving the original protective order undisturbed.
Litigation Takeaway
"Success in the appellate court requires more than just a good argument; it requires strict adherence to administrative deadlines. Failing to pay filing fees or arrange for the record—or failing to prove you cannot afford them—can result in your appeal being dismissed before the court ever considers the merits of your case."
Graybar Electric Company, Inc., Appellant v. Buying Power, Inc., Appellee
COA14
In Graybar Electric Company, Inc. v. Buying Power, Inc., the Fourteenth Court of Appeals addressed whether a business expert's model for lost profits was too speculative to be legally sufficient. Buying Power sued Graybar for breach of contract, and their expert calculated damages using Graybar's actual historical sales to specific customers. Graybar argued the model was based on the unfounded assumption that they would have accepted every order and that the contract itself was an unenforceable 'agreement to agree.' The court affirmed the trial court's judgment, holding that the expert’s reliance on objective historical data and the parties' expressed contractual intent provided the 'reasonable certainty' required by law.
Litigation Takeaway
"When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary."