Newsroom
Houston [14th] Court of Appeals Sides With Taxpayers in Dispute With City Over Allocations to Drainage Fund
In a win for Houston property taxpayers, the Houston [14th] Court of Appeals has ruled that the Houston City Council underfunded the city’s Drainage Fund in its 2020 budget in violation of the city charter. James Robert Jones and Allen Watson v. John Whitmire, in...
Beaumont Court of Appeals Reverses TC Order Denying Special Appearance of Out-of-State Plaintiffs’ Firm Specializing in Kratom Cases
The Beaumont Court of Appeals has held that Texas has no jurisdiction over an out-of-state law firm that nationally solicits clients for personal injury and death cases arising from the use of mytragynine, or “Kratom” Theodore Oshman, Oshman Firm, LLC, and Oshman...
Fort Worth Court of Appeals Holds Plaintiff Had No Standing to Bring Adverse Possession Case
Lois J. Blanton v. Red Desert Enterprises, LLC and Cheryl Miles, (02-23-00191-CV; May 2, 2024) arose from a dispute over about 3.9 acres of land in Fort Worth. In 2008 the Blanton Family Partnership (BFP) conveyed part of the property to Keystone Exploration,...
Amarillo Court of Appeals Sides with City of Austin in Dispute Over Housing Project for Homeless Persons
The Amarillo Court of Appeals has affirmed a Williamson County district court’s dismissal of claims against the City of Austin and the nonprofit developer of a housing project for the homeless. Chaudhari Partnership v. AHFC Pecan Park PSH Non-Profit Corporation and...
Texas Supreme Court Refers Rules on TPLF and AI to SCAC
This week, Chief Justice Nathan Hecht referred nine rule issues to the Supreme Court Advisory Committee (SCAC), including two items of particular interest to TCJL members. Consistent with SCAC’s rules and processes, the issues will be referred to a subcommittee...
Dallas Court of Appeals Orders Trial Court to Vacate TRO Blocking TPWD from Depopulating Deer Herd Infected with Chronic Wasting Disease
In re Texas Parks and Wildlife Department and John Silovsky, In His Official Capacity as Wildlife Division Director of the Texas Parks and Wildlife Department (No. 05-24-00582-CV; May 23, 2024) arose from a commercial deer breeder’s lawsuit to enjoing the Texas...
Austin Court of Appeals Sides with State in Dispute Over Ownership of Republic of Texas-Era Letter
A man wrote an email to the Texas State Library and Archives Commission inquiring about the Commission’s interest in purchasing an 1836 letter in his possession allegedly written by Republic of Texas President David G. Burnet to Thomas Toby, whom the Legislature...
Houston [14th] Court of Appeals Splits Over Whether “Regular Use” Exclusion in UM/UIM Policy Is Enforceable
Over a spirited dissent, the Houston [14th] Court of Appeals has overturned a trial court ruling that a “regular use” exclusion in a UM/UIM policy violated public policy and could not be enforced. Progressive County Mutual Insurance Company v. Artemiz Freeman (No....
Divided Houston [14th] Court of Appeals Reverses TC Dismissal of Chapter 74 Health Care Liability Claim for Inadequate Expert Report
David Zinmeister & Marlene Zinmeister v. Houston Methodist Hospital (No. 14-22-00873-CV; May 16, 2024) stemmed from a health care liability claim alleging that the hospital and hospital staff botched David’s post-surgical care by failing to appoint a...
SCOTX Declines Review in Condemnation Suit Dismissed Because Lawyer Pursuing the Case Didn’t Represent the Landowner
The Texas Supreme Court has denied review of an Eastland Court of Appeals decision dismissing a landowner’s appeal for want of jurisdiction on the basis that the lawyer who filed objections to the commissioners’ award and pursued the appeal never represented the...
El Paso Court of Appeals Affirms TC Order Denying Motion to Compel Arbitration
The El Paso Court of Appeals has upheld a trial court order denying a contractor's motion to compel arbitration after the contractor waited nearly two years before seeking arbitration on the eve of trial. Humberto Rivas, Individually, Steve Rivas,...
Corpus Christi Court of Appeals Affirms Denial of Chapter 74 Dismissal for Insufficient Expert Report
Carlos Garcia-Cantu, M.D. v. Amy Christine Gonzalez (No. 13-22-00504-CV; April 18, 2024) arose from a medical malpractice suit in which Gonzalez alleged that Dr. Garcia-Cantu lacerated her liver while performing surgery to biopsy a possible lipoma on her left...