The Texas Supreme Court dismissed a parental-termination case for lack of jurisdiction after the trial court failed to enter a written extension order before the Family Code’s automatic-dismissal deadline.
In a companion case to In re H.S., the Texas Supreme Court reversed a father’s parental-termination order for insufficient evidence while affirming the mother’s termination as to one child, demonstrating rigorous case-by-case evidentiary review.
The Texas Supreme Court reversed a mother’s parental-termination order in a 5-3 decision, holding the evidence was legally insufficient and strengthening evidentiary standards for the ‘death penalty of civil cases.’
The Texas Supreme Court granted mandamus relief directing a trial court to withdraw its order removing a parent’s chosen attorney from a parental-termination case, holding the court’s appointment authority does not extend to excluding qualified counsel.
The Texas Supreme Court dismissed a nine-year challenge by cities to legislatively reduced telecom right-of-way rates, holding the cities sued the wrong defendant by naming only ‘the State of Texas’ rather than the telecom companies or a specific state agency.
The Thirteenth Court of Appeals conditionally granted mandamus compelling appraisal in a homeowner’s insurance dispute, holding that Germania’s outright claim denial did not preclude appraisal and that the policyholder failed to establish waiver or prejudice from any delay in demanding the process.
The Eleventh Court of Appeals reversed summary judgment in a Permian Basin ORRI dispute, holding that an assignment referencing an unrecorded letter agreement could not establish clear title without producing that agreement.
The Third Court of Appeals reversed summary judgment for St. Edward’s University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract’s ‘estimated budgetary price’ into a guaranteed maximum price.
The Texas Supreme Court reversed a no-answer default judgment where substituted service through the Secretary of State was forwarded to incorrect addresses, holding strict compliance with statutory address requirements is necessary.
The Texas Supreme Court held that a plaintiff may reassert claims against a design professional via amended petition in the same lawsuit after a certificate-of-merit dismissal without prejudice under Section 150.002.