Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
786 opinions found
Vallecillo v. Gonzalez
COA04
In Vallecillo v. Gonzalez, an appellant seeking to challenge a take-nothing judgment submitted only a partial reporter's record to the appellate court to save on transcript costs. However, the appellant failed to file a contemporaneous 'statement of points or issues' as required by Texas Rule of Appellate Procedure 34.6(c). The Fourth Court of Appeals analyzed the case under the common-law presumption that any omitted portions of a record are presumed to support the trial court's judgment. Because the appellant's own case-in-chief was among the missing volumes and he failed to trigger the 'safe harbor' protections of Rule 34.6, the court held it was legally impossible to sustain his sufficiency challenges and affirmed the trial court's ruling.
Litigation Takeaway
"When appealing a case with a partial transcript, you must file a formal 'Statement of Points or Issues'; otherwise, the court will automatically presume that the missing testimony supports the judge's original decision, likely tanking your appeal."
IN RE SOLARIS TRANSPORTATION, LLC, Solaris Oilfield Infrastructure, Inc., and Solaris Oilfield Site Services Operating, LLC
COA04
After Solaris Transportation filed a petition for a writ of mandamus to challenge an invasive trial court order authorizing discovery into its net worth, the opposing parties attempted to moot the proceeding by filing a unilateral stipulation withdrawing the contested requests. The Fourth Court of Appeals denied the motion to dismiss, reasoning that a unilateral stipulation lacks the "enforceable assurances" required to render a case moot because it remains subject to the trial court's discretion. The court held that unless the withdrawal is backed by a binding Rule 11 agreement or a court order vacating the discovery with prejudice, the threat of recurring invasive discovery remains, and the appellate court retains jurisdiction to hear the mandamus.
Litigation Takeaway
"A party cannot escape appellate review of an invasive discovery order through a "tactical withdrawal" unless they provide a binding, enforceable guarantee—such as a Rule 11 agreement or a court order with prejudice—that the discovery dispute will not recur."
Lane Ivy v. Sandy Kay Butler
COA07
In a civil bench trial involving the death of Charlesetta Telford, the plaintiff introduced a recorded confession from one defendant that heavily implicated a co-defendant, Billy Glenn Ivy, Jr. Although the recording was admissible against the confessing party, Ivy's counsel only raised 'blanket' hearsay objections rather than asking the court to limit the evidence's scope. The Amarillo Court of Appeals analyzed Texas Rule of Evidence 105(b)(1), concluding that the mandatory requirement to request a limiting instruction or restriction applies even when a jury is not present. The court held that by failing to specifically request that the judge restrict the evidence to its proper purpose, the objecting party waived the right to complain about the evidence being considered against them on appeal.
Litigation Takeaway
"Never rely on the 'presumption' that a judge in a bench trial will only consider evidence for its proper purpose. If evidence is admissible for one narrow reason but inadmissible for another, you must affirmatively request a Rule 105 restriction on the record; otherwise, a 'blanket objection' will fail to preserve your error for appeal."
IN RE E.R.F.
COA04
In this case, a San Antonio trial court ordered a child to relocate to Wisconsin with the mother, based on the erroneous legal conclusion that the father’s parental rights were 'undetermined' pending genetic testing. The father had previously signed an Acknowledgment of Paternity (AOP) and met the statutory 'holding out' presumption by living with and supporting the child for the first two years of life. The Fourth Court of Appeals analyzed Texas Family Code § 160.201(b) and § 160.204, concluding that parentage established via an AOP or an unrebutted presumption is legally conclusive for all purposes. The court held that the trial court abused its discretion by treating the father as a legal stranger and granted mandamus relief to vacate the relocation order.
Litigation Takeaway
"Legal parentage established through an Acknowledgment of Paternity or statutory presumption is a settled fact, not a 'pending' issue; a trial court cannot ignore these vested rights to order relocation or change custody while waiting for unnecessary genetic testing."
In the Interest of I.N.A.M., a Child
COA08
In this custody case, a Mother lost her right to a jury trial after failing to appear in court on her scheduled trial date. Despite having previously requested a jury, her absence allowed the trial court to dismiss the jury panel and proceed with a bench hearing. Based on the Father's testimony and the Mother's history of non-compliance with court orders, the trial court named the Father sole managing conservator and restricted the Mother to supervised visitation. The Court of Appeals affirmed the decision, ruling that under Texas Rule of Civil Procedure 220, failing to appear for trial constitutes a waiver of the right to a jury, and the Father's unopposed evidence was sufficient to support the court's 'best interest' determination.
Litigation Takeaway
"Your presence at trial is mandatory to protect your rights; failing to show up—even if you have a pending jury request—allows the judge to immediately rule against you based solely on the evidence provided by the other side."
In the Interest of E.R.H., et al, Children
COA04
After a trial court terminated a father's parental rights to six children based on endangerment and failure to complete a service plan, the father appealed. His court-appointed attorney filed an Anders brief, stating that after a professional review of the record, there were no non-frivolous grounds for appeal. The Fourth Court of Appeals conducted an independent review of the record, evaluating whether 'clear and convincing' evidence supported the statutory termination grounds and the children's best interest. The court found the evidence of environmental endangerment and failure to comply with the service plan was sufficient to uphold the ruling, affirming the termination order.
Litigation Takeaway
"When a trial court record is thoroughly developed with clear and convincing evidence regarding child endangerment and a parent's failure to follow court-ordered service plans, the termination of parental rights is extremely difficult to overturn on appeal, even when a court-appointed attorney seeks a full review."
In the Interest of S.I.S.F., a Child
COA04
In this SAPCR case, the Mother—who was named Sole Managing Conservator—sought to relocate with the child to either the Dominican Republic or Florida. Despite the Mother's status as the primary custodial parent, the trial court imposed a geographic residency restriction limiting the child's primary residence to Bexar County and its contiguous counties. The Fourth Court of Appeals affirmed the ruling, finding that the trial court properly applied the 'Lenz factors' and prioritized the Texas public policy of ensuring frequent and continuing contact between the child and the Father, who lived in San Antonio.
Litigation Takeaway
"Being named a Sole Managing Conservator does not grant a parent an absolute right to relocate; Texas courts prioritize the child's stability and relationship with both parents over a custodial parent's personal domicile preferences."
Antonio Thomas-Edwardo Montoya v. The State of Texas
COA07
In Montoya v. State, the appellant challenged a trial court's judgment that adjudicated his guilt for a felony drug offense and sentenced him to twelve months in state jail after he violated the terms of his deferred adjudication community supervision. The Seventh Court of Appeals performed an independent review following an 'Anders' brief filed by counsel, who determined the appeal was frivolous. The court analyzed the effect of Montoya's 'pleas of true' to twenty separate supervision violations, concluding that such admissions serve as judicial confessions. Since Texas law requires only a single violation to support an adjudication of guilt, the court held that no non-frivolous grounds for appeal existed and affirmed the trial court's judgment.
Litigation Takeaway
"A parent's transition from deferred adjudication to a final criminal conviction and incarceration is a significant 'material and substantial change' that can be used to modify custody orders. 'Pleas of true' in criminal court act as nearly unassailable judicial admissions that can support a modification of conservatorship or possession, particularly when arguing that a parent who cannot follow criminal supervision rules is likely to violate family court orders."
In The Interest of O.T.D.H.C. and M.E.C. A/K/A M.C., III, Children
COA14
The Fourteenth Court of Appeals affirmed a trial court's order terminating a mother’s parental rights following an investigation that began when she removed her injured child from a hospital against medical advice. The investigation revealed a history of domestic violence, substance abuse (testing positive for cocaine and methamphetamines), and untreated mental health conditions. On appeal, the mother conceded to the predicate finding of endangering conduct, leading the court to focus on the children's best interest. The court held that while the mother had secured housing and employment, her failure to successfully complete drug treatment or address her bipolar disorder and PTSD provided legally and factually sufficient evidence to support termination under the Holley factors.
Litigation Takeaway
"In termination cases, "checking the boxes" by securing a job and a home is often insufficient if a parent fails to complete the "psychological" components of their service plan. Courts prioritize a parent's behavioral stability and the resolution of substance abuse or mental health issues over material gains when determining the best interest of the child."
Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.
COA08
In Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd., the parties entered into a service agreement containing an arbitration clause that incorporated the American Arbitration Association (AAA) Rules. When a dispute arose, Fasken challenged the enforceability of the arbitration agreement, citing a lack of mutuality and failure to satisfy conditions precedent. The trial court denied the motion to compel arbitration. The Eighth Court of Appeals reversed, holding that the express incorporation of AAA Rules constitutes "clear and unmistakable" evidence that the parties intended to delegate threshold questions of arbitrability to the arbitrator. The court reasoned that because the challenges were directed at the agreement as a whole rather than the delegation clause specifically, the arbitrator—not the trial court—must decide issues of validity and enforceability.
Litigation Takeaway
"Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom."