Escoto-Leon v. Ortiz — Appeal dismissed after trial court vacated divorce decree and granted new trial
Case Rosalba Escoto-Leon v. Jose Ortiz Court Court of Appeals of Texas, First District Judge Caughey (Greg Abbott, 2017); Johnson
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Texas
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Kingsbury v. State — Court dismisses sex-offense appeals for lack of jurisdiction where guilty pleas were charge bargains
Case Terry Thomas Kingsbury v. The State of Texas Court Court of Appeals of Texas, First District Judge Adams (Greg
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Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon
The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.
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Martignoni v. Artistry Homes — Homebuyers Lose Summary Judgment Fight After Failing to Preserve Evidentiary Objections
The Seventh Court of Appeals affirmed no-evidence summary judgment against homebuyers who contracted for a $600,000 custom home, holding that their failure to respond to the builder’s evidentiary objections in the trial court forfeited those challenges on appeal under the preservation rule — leaving them without sufficient evidence to withstand summary judgment on any claim.
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Gonzalez v. City of El Paso — Texas Residents Cannot Use Special Appearance to Contest Defective Service; Misspelled Name Is a Curable Process Defect
The Eighth Court of Appeals held that Texas residents cannot file a special appearance under Rule 120a to contest defective service of process, because Texas courts have presumptive personal jurisdiction over all Texas residents. A misspelled name in a citation is a curable service defect, not a jurisdictional flaw, properly raised by a motion to quash — not a special appearance that risks constituting a general appearance.
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Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory
The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.
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Russell v. Sadler — Texas appeals court reverses summary judgment, revives consultant’s unpaid-fee claim for final two months before termination
Case Carter Russell v. Dana Sadler and Dr. Performance, LLC Court Court of Appeals of Texas, First District Date Decided
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Johnson v. Medical Center Apts. — Court dismisses eviction appeal as moot after tenant vacates property
Case Evelyn Johnson v. Medical Center Apartments Court Court of Appeals for the First District of Texas Judge Gunn (Greg
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Harris County v. A.D. — Court of Appeals reverses, holds county retains governmental immunity for school-zone flasher timing decisions
Case Harris County v. A.D. and Lisa Durant Court Court of Appeals for the First District of Texas Judge Andrew
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Oluwole v. MOS-PS, Ltd. — Appeal dismissed by agreement after settlement
Case Horine Oluwole v. MOS-PS, Ltd Court Court of Appeals for the First District of Texas Judge Guerra (elected 2020);
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Bracken v. Bracken — Default Divorce Judgment Reversed Because Pro Se Party Received No Notice of Trial After Attorney Withdrew Without Following Rule 10
The Seventh Court of Appeals reversed a post-answer default judgment in a divorce case, holding that a pro se defendant received no notice of the trial setting after her attorneys withdrew without serving her by certified mail as required by Rule 10, and that subsequent electronic-only service failed to comply with the trial court’s own notice order and could not trigger the Rule 21a presumption of receipt.
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McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal
The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.
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City of El Paso v. Pickett — City’s “Environmental Franchise Fee” Was an Unlawful Tax, Eighth Court Holds
The Eighth Court of Appeals affirmed that El Paso’s monthly Environmental Franchise Fee—charged to all residential solid-waste customers and raised without cost studies to fund police and fire equipment—was an impermissible tax, not a legitimate regulatory fee, and that governmental immunity did not bar a refund because nonpayment was criminal.
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In the Interest of C.S. Jr. — Texas Supreme Court Enforces Automatic Dismissal Deadline in Parental-Termination Case
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.
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In the Interest of K.N. — Texas Supreme Court Applies Heightened Evidentiary Standards to Reverse Father’s Termination
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.
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In the Interest of H.S. — Texas Supreme Court Reverses Mother’s Parental Termination, Strengthens Evidentiary Standards
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.’
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In Re S.H. — Texas Supreme Court Grants Mandamus Protecting Parent’s Choice of Counsel in Termination Case
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.
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State of Texas v. City of McAllen — Texas Supreme Court Dismisses Telecom Rate Challenge for Naming Wrong Defendant
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.
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In Re Germania Farm Mutual — Texas Appeals Court Compels Insurance Appraisal Despite Insurer’s Full Claim Denial
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.
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Texas Cordia Construction v. Cantu — Private Government Contractor Cannot Invoke Interlocutory Appeal as “Governmental Unit”; Derivative Sovereign Immunity Fact Question Survives Plea to Jurisdiction
The Thirteenth Court of Appeals dismissed a private contractor’s interlocutory appeal of a denied plea to the jurisdiction because a private LLC is not a “governmental unit” under § 51.014(a)(8); treating the filing as a mandamus petition, the court denied relief because the contractor’s own contract gave it sole responsibility for means and methods of construction, raising a fact question that defeats derivative sovereign immunity — a doctrine the Texas Supreme Court has not yet adopted.
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Elite Concepts v. Field — “Repair” Clause in Pool Construction Contract Encompasses Cost to Complete; Contractor Who Walks Off Job Cannot Claim Attorney’s Fees as Prevailing Party
The Fifteenth Court of Appeals held that a pool construction contract’s limitation of remedy to “repair” encompasses cost-to-complete damages as well as cost-to-repair, because construing “repair” to exclude unfinished work would render the contractor’s promise illusory; it also held that a contractor whose quantum meruit recovery is offset by the owner’s larger breach-of-contract damages award is not a “prevailing party” entitled to Chapter 38 attorney’s fees.
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Parker v. Parrack — Court Cannot Declare Rights of Non-Party in Adverse Possession Dispute Over Family Ranch; Fiduciary-Duty Deed Challenge Fails on Sufficiency Review
The Fifteenth Court of Appeals affirmed the jury’s finding that a sister did not breach her fiduciary duty in accepting a deed to mineral executive rights from her brother, but vacated the adverse-possession declaration because the company asserting ownership was never joined as a party, rendering the declaration advisory and jurisdictionally void.
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Allen v. Bell Textron — Plaintiff Who Tells Court He Has No Additional Facts and Won’t Replead Forfeits Chance to Expand Negligence Theories After Special Exceptions Sustained
The Fort Worth Court of Appeals affirmed a take-nothing judgment for Bell Textron after an injured contractor’s counsel stated at a special-exceptions hearing he had no additional facts and would not replead, holding the plaintiff forfeited his opportunity to amend, the narrow jury charge was proper, and any collateral-source evidence error was harmless because the jury found no proximate cause.
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Atmos Energy v. DPC Parker Properties — Order Enforcing Rule 11 Settlement Does Not Function as a Temporary Injunction and Is Not Subject to Interlocutory Appeal
The Fort Worth Court of Appeals dismissed Atmos Energy’s interlocutory appeal of a trial court order enforcing a Rule 11 mediated settlement in an eminent-domain dispute, holding that the order did not function as a temporary injunction because it compelled performance based on the parties’ own agreement rather than any merits determination.