Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
1229 opinions found
Adejokun v. Obosi
COA14
In this divorce SAPCR, the mother sought to block the father’s access based on the child’s alleged abuse outcry and also asked the court to interview the 10-year-old child in chambers. The court of appeals held that the mother did not preserve any complaint about exclusion of the child’s hearsay statements because, when hearsay objections were made, she never invoked Texas Family Code section 104.006 or requested the statute’s required reliability hearing. The court further held that the trial court did not abuse its discretion by denying the request to interview the child regarding possession and access, so the final judgment appointing the mother sole managing conservator and the father possessory conservator with supervised visitation was affirmed.
Litigation Takeaway
"If you want to admit a child’s abuse outcry under Family Code section 104.006, you must expressly say so at trial, request the reliability hearing, and make a clear record. Serious allegations alone will not preserve error, and a motion for new trial cannot fix the omission later. Likewise, a request for an in-chambers child interview is not automatic and should be tied carefully to the governing statute and the specific issue before the court."
In the Interest of J.M.V.V., a Child
COA10
In this parental-rights termination appeal, appointed counsel filed an Anders brief stating there were no non-frivolous grounds for appeal after the trial court terminated the father’s rights under Family Code section 161.001 and appointed DFPS as managing conservator. The Waco Court of Appeals reviewed whether counsel’s Anders filing was adequate, confirmed counsel had summarized the facts, procedural history, and governing law, and then independently examined the full record, the father’s pro se response, and the State’s response. Finding no arguable basis for reversal, the court affirmed the termination order. The court also denied counsel’s motion to withdraw as premature, holding that appointed counsel remains obligated through potential Texas Supreme Court proceedings unless formally relieved.
Litigation Takeaway
"In Texas termination appeals, an Anders brief is not a shortcut out of the case: counsel must fully review the record, explain why no arguable issue exists, and continue representing the client through the petition-for-review stage unless relieved. For trial lawyers, the case is another reminder that appellate outcomes usually turn on preservation and a well-developed record."
In the Interest of A.W., N.W., N.W., P.W., Children
COA13
After a jury terminated Mother’s parental rights to four children, she appealed claiming the evidence was legally and factually insufficient to support constructive abandonment and best interest, and also complained the order lacked required statutory findings. The court did not reach the merits because Texas preservation rules apply in termination jury trials just as in other civil jury cases. Mother filed none of the recognized preservation vehicles for legal sufficiency and no motion for new trial, which is required to preserve factual-sufficiency complaints. The court also noted that Mother challenged only subsection (N) while the jury also found unchallenged predicate grounds under subsections (D), (E), and (O), any one of which could support termination with a best-interest finding. The court held all complained-of issues were waived or would not afford relief and affirmed the termination order.
Litigation Takeaway
"In any jury-tried family case, appellate sufficiency complaints must be preserved in the trial court or they are likely gone forever. If you may challenge a jury finding on appeal, use a recognized preservation motion, and for factual sufficiency always file a motion for new trial. In termination cases especially, challenge every predicate ground necessary for meaningful relief and promptly object to missing statutory findings in the final order."
Loria v. Loria
COA03
In Loria v. Loria, the Third Court of Appeals affirmed a trial court’s order modifying conservatorship rights after a bench trial. The father sought to change the prior joint-managing-conservatorship structure by obtaining the exclusive right to designate the children’s primary residence and greater medical and tie-breaking authority, arguing that circumstances had materially and substantially changed and that the existing arrangement had become unworkable. The appellate court, applying the abuse-of-discretion standard and deferring to the trial court’s credibility determinations, held that evidence of persistent coparenting conflict, interference with communication, disputes over vaccinations and therapy, lack of follow-through on the children’s developmental needs, and the father’s more stable household was sufficient to support findings of material and substantial change and best interest. The court therefore upheld the reallocation of primary-residence and decision-making rights.
Litigation Takeaway
"Modification cases are rarely won by one dramatic fact; they are won by proving a pattern of specific, child-centered problems showing the current order no longer works. If you want to modify conservatorship, build a record with concrete evidence of communication breakdowns, medical and educational conflict, parenting instability, and why a clearer allocation of rights will better serve the child."
Juan Morales a/k/a Juan Manuel Morales v. The State of Texas
COA13
In Juan Morales a/k/a Juan Manuel Morales v. The State of Texas, the Thirteenth Court of Appeals affirmed the denial of the defendant’s fourth and fifth motions for continuance in a retrial for continuous sexual abuse of a child. The defense argued it needed more time because its proposed expert was unavailable, first citing medical issues and later scheduling conflicts. The court applied Texas Code of Criminal Procedure articles 29.03, 29.06, 29.07, and 29.08 and held that the trial court acted within its discretion because the continuance motions did not meet the strict statutory requirements for an absent-witness continuance. The fourth motion lacked required specifics about diligence, the expected testimony, and other mandatory elements, and the fifth motion was unverified, which preserved nothing for appellate review. The court also noted the case had already been continued multiple times and the record did not show the expert was medically unavailable on the actual trial date. The conviction was therefore affirmed on the continuance issue.
Litigation Takeaway
"If you want a continuance because an expert cannot appear, do not rely on general fairness arguments. File a sworn motion, show specific diligence, explain exactly why the expert matters, prove the absence was not self-created, and give the court a concrete timeline for availability. In family cases, Morales is a strong tool for defeating vague last-minute reset requests and a warning that repeated continuances seriously weaken any appellate complaint."
In the Interest of L.D.M.W.
COA09
The Beaumont Court of Appeals affirmed termination of Father’s parental rights to his child after concluding the evidence was legally and factually sufficient on multiple predicate grounds and on best interest. The court emphasized Father’s prior termination order containing endangerment findings, his decision to continue a relationship with Mother despite prior CPS history and similar risks, his incarceration before the child’s birth and throughout the case, and his resulting inability to care for the child or meaningfully complete services. The court also held that an approved relative home study did not outweigh evidence of parental unfitness and the child’s successful, stable foster placement with a family ready to adopt.
Litigation Takeaway
"Past endangerment findings, repeated exposure of a child to known risky relationships, and incarceration-related inability to parent can strongly support termination—especially when the child is thriving in a stable adoptive placement. An approved relative placement is helpful but does not, by itself, defeat termination or overcome a strong best-interest record."
In re Claudia Jacobs
COA05
In this post-divorce enforcement dispute, the relator sought mandamus relief and an emergency stay to block an order to appear and an upcoming enforcement hearing. The Dallas Court of Appeals did not reach the merits because the mandamus filing was procedurally defective: the petition lacked the certification required by Texas Rule of Appellate Procedure 52, the record did not contain sworn or certified copies of material documents, and the appendix included unredacted sensitive information in violation of Rule 9.9. The court held that these threshold defects defeated mandamus relief, denied the stay as moot, and struck the petition and appendix for the redaction violation.
Litigation Takeaway
"In family-law mandamus practice, procedure is substance. If your petition lacks a Rule 52 certification, your record is not sworn or certified, or your filing contains unredacted sensitive data, the court may deny relief without ever reaching the underlying enforcement issue."
In re Rebel Hayz Breaux
COA09
After completing his sentence for misdemeanor assault family violence, Breaux filed an article 11.09 habeas application alleging ongoing restraints from the conviction, including the lifetime federal firearm ban under 18 U.S.C. § 922(g)(9) and a final protective order. The trial court denied relief solely because his sentence had expired and it concluded he was no longer restrained. The Beaumont Court of Appeals held that the pleaded federal firearm disability is a sufficient present restraint to support article 11.09 habeas jurisdiction, so the trial court erred in denying the application on that categorical ground. But the court also held that this did not automatically require issuance of the writ, an evidentiary hearing, merits rulings, or appointment of counsel, because the applicant still had to satisfy article 11.14’s procedural and verification requirements.
Litigation Takeaway
"A family-violence conviction does not become legally irrelevant once the sentence ends: the federal firearm ban can be enough continuing restraint to keep post-conviction habeas relief alive. For family-law litigators, that means old assault-family-violence convictions can still carry real leverage in custody, safety, and firearm-related disputes—but any collateral attack on the conviction must be pleaded and verified with precision."
Newrez LLC d/b/a Shellpoint Mortgage Servicing v. Kinney L. Barcuch
COA05
In a restricted appeal, the Dallas Court of Appeals reversed a default judgment against Newrez LLC because the record showed the plaintiff failed to strictly comply with Texas service rules. The plaintiff served an unrelated individual and then an incorrect South Carolina entity rather than Newrez’s actual registered agent or another statutorily authorized person. The court rejected the appellee’s argument that the restricted appeal failed due to a supposedly incomplete clerk’s record, concluding the existing record sufficiently established nonparticipation and no timely post-judgment filings. Because defective service was apparent on the face of the record, the trial court never acquired personal jurisdiction, so the default judgment was void and had to be reversed and remanded.
Litigation Takeaway
"Default judgments are only as strong as the service record. In Texas, especially in default settings, courts require strict compliance with service rules, and serving the wrong agent, wrong entity, or wrong address can make the judgment void months later on restricted appeal. For family lawyers, this is a major warning in default divorces, modifications, enforcements, and cases involving LLCs or third-party entities tied to the marital estate: verify the exact legal identity and registered agent before prove-up, or risk losing the judgment entirely."
In the Interest of I.P.P., a Child
COA05
In *In the Interest of I.P.P., a Child*, the Dallas Court of Appeals affirmed an order declaring a pro se mother a vexatious litigant in an ongoing SAPCR. After years of repeated filings—including modification, enforcement, TRO, reconsideration, and emergency requests—the father moved under Chapter 11 of the Texas Civil Practice and Remedies Code to restrict her future pro se filings. The mother argued Chapter 11 should not apply within a single SAPCR, that her filings did not qualify as repeated relitigation, and that refusing to hear her emergency conservatorship-modification request violated due process and parental-rights protections. The court reviewed the ruling for abuse of discretion and held the order was independently supported by § 11.054(2), which permits vexatious-litigant findings based on repeated relitigation or attempted relitigation after adverse determinations. The court rejected any categorical exemption for SAPCR or “emergency” filings and found no reversible constitutional error on the briefing and record presented.
Litigation Takeaway
"Chapter 11 is available in family cases, including SAPCRs, to curb serial pro se filings that recycle issues already decided. If you want vexatious-litigant relief, build a chronology tying each new filing to prior final rulings and show why the new pleading has no reasonable chance of success. If you are filing a modification or emergency motion, make sure it rests on genuinely new facts—not just a new label for old complaints."