Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
946 opinions found
In the Interest of C.H., a Child
COA02
In a SAPCR enforcement action, Mother sought reimbursement for prenatal and postnatal medical expenses that the parties’ agreed order required Father to pay 50% of after Mother “furnish[ed]” receipts/bills/EOBs by a set deadline. Father admitted nonpayment but argued enforcement failed because Mother did not prove she provided the required documentation—particularly because the underlying bills and receipts were not admitted at the hearing. The Fort Worth Court of Appeals applied the abuse-of-discretion standard, construed the agreed order under contract principles, and rejected Father’s attempt to treat the “furnish by August 22” language as a condition precedent (noting the absence of clear conditional words like “if” or “provided that”). The court held that service evidence—Mother’s attorney’s reimbursement letter to Father’s attorney with an itemized list of providers, dates, and out-of-pocket amounts, plus electronic proof of email service—constituted some evidence that Mother complied with the order’s notice/documentation requirement, and the trial court was entitled to credit that proof over Father’s denial of receipt. The court affirmed the enforcement judgment awarding Mother $30,181 (plus interest) for unreimbursed prenatal and postnatal medical expenses.
Litigation Takeaway
"In enforcement of unreimbursed medical expenses (treated as additional child support), win or lose often turns on proving the process: documented, provable service of a reimbursement demand can satisfy “furnish/notice” provisions even if every underlying bill is not admitted, and a bare “I never got it” defense is unlikely to overcome credible service records—especially where the order’s notice language is drafted as a covenant, not a true condition precedent."
Estate of Samantha Skaggs; Robbin Skaggs, Individually and as Personal Representative of the Estate of Samantha Skaggs; and Walter Skaggs Sr. v. Peternett, Inc. d/b/a Showdown
COA02
In this Tarrant County case, the plaintiffs sued a bar under the Texas Dram Shop Act but failed to conduct any discovery during the applicable period. Although their pleadings stated they intended to conduct discovery under Level 3, they never obtained a signed Level 3 discovery-control plan. The trial court applied default Level 2 deadlines, quashed the plaintiffs' late discovery requests, denied a continuance, and granted a no-evidence summary judgment after striking the plaintiffs' unauthenticated evidence. The Fort Worth Court of Appeals affirmed, ruling that Level 2 rules govern by default unless a signed Level 3 order is entered, and the plaintiffs waived their right to contest the summary judgment by failing to challenge the exclusion of their evidence on appeal.
Litigation Takeaway
"Pleading for 'Level 3' discovery is not enough to extend your deadlines; you must obtain a signed Level 3 discovery-control plan from the court. Without that signed order, default Level 1 or Level 2 deadlines apply, and a failure to conduct discovery within those windows can lead to the quashing of late discovery and an indefensible no-evidence summary judgment. Furthermore, always ensure your summary judgment evidence is authenticated and specifically cited, as 'document dumps' are easily excluded."
Claudia Lucius Williams Smith v. Kenneth Wayne Allen
COA14
In this heirship dispute, the court addressed whether a Harris County home purchased in 1972 was separate or community property. The resolution turned on whether the decedent, Lossie Mae Smith, was informally married to Tom Willie Smith at the time of purchase. The trial court found no informal marriage existed in 1972, pointing to a deed identifying Lossie as a single woman ("feme sole") and testimony from siblings that Tom was not in her life at that time. The Fourteenth Court of Appeals affirmed, emphasizing that because a key letter supporting the marriage claim was never formally admitted into evidence—only placed in the court file—it lacked probative weight. The court held the evidence was legally and factually sufficient to support the separate-property characterization.
Litigation Takeaway
"Evidence that is merely 'in the court file' is not the same as evidence admitted at trial. To prove an informal marriage or challenge property characterization, you must formally admit your documents into evidence and preserve all procedural objections—such as concerns about legal representation or notice—at the trial level, or you risk losing your right to appeal those issues."
Crystal Flack v. Michael Mendoza, Sr.
COA08
In this transferred appeal from a Travis County bench-tried divorce, the wife challenged a property division she claimed was impermissibly disproportionate—particularly a provision awarding the husband the first $30,000 of proceeds from the sale of the marital home. The El Paso Court of Appeals applied the highly deferential abuse-of-discretion standard under Texas Family Code § 7.001 (“just and right” division) and emphasized that neither party requested findings of fact and conclusions of law, requiring the court to imply all findings necessary to support the decree. On the record presented, the implied findings could support unequal allocations based on equity considerations such as the wife’s unilateral withdrawals and trading losses that depleted community assets, removal of funds from a joint account shortly before filing, the husband’s post-separation payment of home carrying costs, and the decree’s stated rationale tying the $30,000 offset to the wife’s lack of good-faith participation in the litigation. The court also rejected the notion that a no-fault (insupportability) divorce bars a disproportionate division; fault is only one of many permissible factors. Holding that the wife failed to show the division was arbitrary, unsupported by evidence, or manifestly unfair—especially given the lack of concrete valuation proof and the presence of implied findings—the court affirmed the decree.
Litigation Takeaway
"Property-division appeals are won or lost at trial: build a valuation record and request findings of fact. Without numbers and without findings, appellate courts will imply facts supporting a “just and right” division and rarely reverse—even if the decree looks unequal (like awarding one spouse the first $30,000 of sale proceeds). Litigation conduct and dissipation/waste evidence can justify disproportionate offsets in a no-fault divorce if tied to the record."
In the Interest of M.L. and E.L., Children
COA11
In a CPS termination appeal involving repeated cocaine use and newborn/child drug exposure, the Eleventh Court of Appeals reviewed whether the evidence met the clear-and-convincing standard for multiple pleaded predicate grounds under Texas Family Code § 161.001(b)(1)—endangering conditions/surroundings (D), endangering conduct (E), prior termination based on (D)/(E) (M), and “born addicted” (Q)—and for best interest under § 161.001(b)(2). The record showed multiple positive drug tests by Mother and at least one child, removals of two children, and later relapse while pregnant; but it also showed substantial rehabilitation (counseling, medication management, completion of outpatient treatment, and sustained negative tests) and a Department-supported monitored return that later failed due to the live-in partner’s marijuana-positive test rather than Mother’s. Applying the heightened legal- and factual-sufficiency standards for termination, the court conducted a ground-by-ground audit, requiring a tight evidentiary fit between the statutory elements and the proof rather than relying on a generalized “drug case” narrative. The court therefore affirmed the termination order in part, but reversed and remanded in part because one or more of the challenged statutory grounds and/or related findings (including best-interest as tied to those grounds) were not supported by clear and convincing evidence on this record.
Litigation Takeaway
"Even in strong drug-exposure cases, appellate courts will scrutinize each termination ground separately—so build an element-by-element record. If a third party’s drug use is the trigger (e.g., during a monitored return), prove the parent’s knowledge and protective capacity (or, for the defense, document prompt removal and safety measures). And if you plead “born addicted” under § 161.001(b)(1)(Q), you must prove addiction/withdrawal with medical precision—not just exposure or suspicion."
Corey Morrell v. Burton Baker, Individually and in his Professional Capacity; Lummus, Hallman, Pritchard & Baker, P.C.; and Mercer Transportation Co., Inc.
COA02
In a multi‑defendant, multi‑claim lawsuit, the trial court granted a combined Rule 91a and TCPA motion, dismissing several causes of action “with prejudice,” but the same order stated that the plaintiff’s “only remaining claims” were certain numbered counts in a referenced “Third Amended Petition.” The record did not contain that pleading, and the plaintiff pointed out the order’s internal inconsistency (dismissed claim titles versus allegedly surviving numbered counts). The trial court denied a motion to clarify and later signed a separate order awarding attorney’s fees under Rule 91a.7 and TCPA § 27.009(a)(1), including a Mother Hubbard clause and enforcement language, and it restricted discovery as to one defendant until fees were paid. The Fort Worth Court of Appeals analyzed finality under Lehmann/Elizondo by looking first to the face of the orders and then the record. Because the dismissal order itself indicated claims remained pending and was ambiguous/internally inconsistent about what survived, and because the fee order contemplated ongoing litigation and did not supply unmistakable finality language, the court held there was no final judgment disposing of all claims and parties. With no applicable statute authorizing an interlocutory appeal in this posture, the court dismissed the appeal for want of jurisdiction.
Litigation Takeaway
"A Rule 91a/TCPA win plus a fee award is not automatically appealable. Before noticing appeal, confirm the order unmistakably disposes of all claims and all parties (or obtain a severance). Do not rely on a Mother Hubbard clause or enforcement language to create finality—any “remaining claims” language, references to the wrong live pleading, or other internal inconsistencies can trigger a jurisdictional dismissal and waste months while the trial court case keeps moving."
Westcott Law Group PLLC v. Paychex, Inc.
COA14
Paychex obtained a judgment titled “Final Default Judgment” against Westcott Law Group after Westcott missed its answer deadline. But Westcott had transmitted an answer and counterpetition over the weekend, which—under Tex. R. Civ. P. 21(f)(5)—was deemed filed at midnight on the next business day, making Westcott’s counterclaims (conversion, fraud, and DTPA violations) on file when the trial court signed the default judgment that Monday. On restricted appeal, the Fourteenth Court of Appeals first addressed jurisdiction and applied Texas finality law for non-conventional dispositions (including defaults): a judgment is final only if it actually disposes of all claims and parties or states with unmistakable clarity that it does so. Although the order was labeled “Final Default Judgment” and contained standard execution/enforcement language, it did not mention or dispose of Westcott’s counterclaims and did not include unequivocal all-claims/all-parties finality language. The court therefore held the judgment was interlocutory; and because Texas statutes authorize restricted appeals only from final judgments, no interlocutory restricted appeal was available. The court dismissed the restricted appeal for lack of appellate jurisdiction, leaving the counterclaims (and the case) pending in the trial court.
Litigation Takeaway
"Do not rely on a “final” caption. Before appealing—or enforcing—confirm the order either expressly disposes of every pleaded claim (including counterclaims, attorney’s fees, sanctions, reimbursement, and declaratory relief) or contains unmistakably clear all-claims/all-parties finality language. If anything remains pending, the “judgment” may be interlocutory, appellate deadlines may not run, and any attempted (restricted) appeal can be dismissed for want of jurisdiction."
In the Interest of I.S., a Child
COA10
In a termination of parental rights case, Mother timely requested a de novo hearing under Texas Family Code § 201.015 after an associate judge’s bench trial and proposed termination ruling. The referring district court began—but did not complete—the de novo hearing, then prematurely signed an order adopting the associate judge’s termination order (incorrectly reciting that no de novo demand had been made). Mother filed an accelerated notice of appeal the same day. The Tenth Court of Appeals held that, although procedurally erroneous, the adoption order was a final, appealable (voidable) judgment that triggered accelerated appellate deadlines and the running of the trial court’s plenary power. Because plenary power expired and appellate jurisdiction attached, the trial court lacked authority to later complete the de novo hearing or sign subsequent adoption/affirmance orders; those later actions were legal nullities and could not cure the § 201.015 violation. The court reversed the termination judgment and remanded for a proper de novo hearing.
Litigation Takeaway
"If a party timely requests a de novo hearing from an associate judge’s ruling, a referring court cannot sign an adoption order before completing the de novo hearing—and if it does, treat that adoption order as a final, deadline-triggering judgment immediately. File the accelerated appeal and/or plenary-power motions right away; do not assume the trial court can “fix it later,” because post-judgment de novo proceedings may be nullities once plenary power expires or an appeal is pending."
In the Interest of A.Z., a Child
COA02
In a private SAPCR termination case, an incarcerated father failed to appear for the final hearing. The trial court had mailed him notice of the setting with instructions and a phone number to call the bailiff to appear telephonically. Father did not call in, and his mailed request asking the court to coordinate with his prison unit was file-stamped after the hearing. The trial court proceeded, found predicate grounds under Tex. Fam. Code § 161.001(b)(1)(F) (failure to support) and (L) (conviction for a listed offense, here sexual assault under Penal Code § 22.011), found termination in the child’s best interest, and terminated Father’s rights. On appeal, Father argued the court lacked personal jurisdiction (based on alleged noncitizenship), that proceeding without him violated his right of access to courts, and that the court should have granted a new trial. The Fort Worth Court of Appeals held Father’s personal-jurisdiction complaint was waivable and was forfeited by his participation after answering; the trial court provided a workable means of remote participation and was not required to halt the hearing based on a late-received request; and under the post-answer default/new-trial framework (Craddock/Dolgencorp), Father failed to show his nonappearance was not due to conscious indifference and otherwise did not meet the requirements for a new trial. The termination judgment was affirmed.
Litigation Takeaway
"When an incarcerated parent receives clear notice and a workable telephonic-appearance procedure, failure to timely follow it (or to secure prison-side coordination well in advance) is unlikely to overturn a termination on “access to courts” grounds. Preserve jurisdiction defenses early (special appearance before answering) and, after a post-answer default, support any motion for new trial with evidence meeting Craddock/Dolgencorp—conclusory complaints and late-filed requests usually won’t suffice."
In the Matter of J.D.
COA14
J.D., a juvenile serving a 25-year determinate sentence for capital murder and aggravated robbery, challenged the juvenile court’s decision under Texas Family Code § 54.11 to transfer him from the Texas Juvenile Justice Department (TJJD) to the Institutional Division of TDCJ (TDCJ–ID) to complete his unserved sentence rather than release him to parole supervision. On abuse-of-discretion review, the Fourteenth Court of Appeals treated the transfer decision as discretionary and asked only whether the record contained “some evidence” tied to the § 54.11(k) factors supporting transfer. Although J.D. presented evidence of rehabilitation (good institutional behavior, educational progress, and favorable therapeutic notes), the court held the juvenile judge could credit competing evidence and weigh factors differently. The court emphasized the extreme violence and manner of the offenses, TJJD’s recommendation to transfer, J.D.’s incomplete capital/serious violent offender treatment, and testimony about victim-family and community safety concerns. Because these items provided some evidence supporting transfer, the court affirmed and held the juvenile court did not abuse its discretion by ordering transfer to TDCJ–ID rather than parole release.
Litigation Takeaway
"In § 54.11 determinate-sentence transfer hearings, “doing well” in TJJD may not overcome a safety-driven record. Expect trial courts to give heavy weight to offense severity, incomplete specialized treatment, and TJJD/prosecutor recommendations—and appellate courts will usually affirm if there is some evidence supporting transfer. For family-law cases that hinge on whether a youth returns to the home, treat the juvenile transfer record as critical evidence for risk, safety planning, and temporary orders."