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Corpus Christi Court of Appeals Upholds Trial Court’s Application of TRCP 39 (Mandatory Joinder) to Dismiss Royalty Suit
The Corpus Christi Court of Appeals has affirmed a trial court judgment dismissing a royalty owner lawsuit against several producers because the owners didn’t comply...
Houston [1st] Court of Appeals Mandamuses Trial Court for Denying Insurer’s Rule 91a Motion
The Houston [1st] Court of Appeals has mandamused a trial court for denying an insurer’s Rule 91 motion where the insurer timely paid the appraisal award in full. In...
Business Court Rejects Plaintiff’s Claim of Membership in an LLC, Dismisses Claims for Declaratory Relief, Accounting, Breach of Fiduciary Duties, Fraud
Esteban Quintero and ATS Concrete Services, Inc. v. Urban Infrastruction LLC and Anup Tamrakar (No. 25-BC01A-0022’ 2026 Tex. Bus. 3; January 26, 2026) arose from...
El Paso Court of Appeals Affirms TC Denial of Motion to Compel Arbitration Based on FAA Exemption of Transportation Workers
The El Paso Court of Appeals has applied an exemption to the Federal Arbitration Act for transportation workers actively engaged in interstate commerce. In LKQ...
Houston [14th] Court of Appeals Again Affirms Denial of TCPA Motion to Dismiss
The Houston [14th] Court of Appeals has affirmed the trial court’s ruling that the TCPA did not apply to Defendant Hutchison’s counterclaim for breach of fiduciary...
Houston [14th] Court of Appeals Affirms TC Denial of TCPA Motion to Dismiss in Dispute Between Investor and Investment Fund
Hatteras Evergreen Private Equity Fund, LLC, and Hatteras Investment Partners LP v. Longboard Capital, LLC (No. 14-24-00938-CV; November 20, 2025) arose from a...
In Concurring Opinion, Justice Young Identifies Misprision of 1915 Precedent Cited by Court of Appeals to Reverse TC Order Granting Rule 91a Motion to Dismiss
In a case in which the Texas Supreme Court denied review, Justice Young has issued a concurring opinion identifying an issue that could trouble the trial and...
Dallas Court of Appeals Reverses TC Dismissal of Hospitals’ Reimbursement Claims Against Health Insurer
The 5th Court of Appeals reversed a trial court order dismissing with prejudice breach of claims of several hospitals’ claims against an insurer on the basis that...
Corpus Christi Court of Appeals Upholds Summary Judgment for Insurer in UIM Case
In a case transferred from the Fort Worth Court of Appeals, the Corpus Christi Court of Appeals has affirmed a trial court order granting summary judgment on behalf...
Austin Court of Appeals: Abortion Funds Have Standing to Challenge SB 8, TCPA Inapplicable, Clearing Way for SCOTX Consideration
On remand from the Texas Supreme Court, the Austin Court of Appeals has held that patients, physicians, and abortion funds have standing to challenge the...
San Antonio Court of Appeals: City Not Obligated to Implement Relocation Assistance Program for Public Nuisance Abatement of Residential Property
The San Antonio Court of Appeals has held that a city or other governmental entity has no obligation to help a resident pay for relocation expenses if the city abates the resident’s property as a public nuisance. Montellano v. Jones, et al. (No. 04-25-00331; Jan. 21,...
Business Court Grants Leave to Designate RPTs in Breach of Fiduciary Duties and Trust Case
In an informative discussion of Chapter 33’s requirements for designating responsible third parties, the Business Court has ruled that a party alleged to have breached fiduciary and trust duties may designate as RPTs borrowers whose alleged defaults may have...
Fort Worth Court of Appeals Affirms Rule 91a Dismissal of DTPA, Fraud Claims
The Fort Worth Court of Appeals has upheld a trial court order granting Defendants’ Rule 91a motion to dismiss fraud and DTPA claims. The Fort Worth Court of Appeals affirmed the final judgment of the Tarrant County District Court, finding that claims brought by Dr....
Dallas Court of Appeals Reverses TC Denial of Chapter 74 Motion to Dismiss Negligence and Death Claims Against Hospice Provider
In a medical negligence case of involving the scope of the statutory definition of a health care liability claim, the Dallas Court of Appeals has reversed a trial court order denying a hospice providers motion to dismiss negligence and wrongful death claims for...
Business Court Awards Specific Performance, Attorney’s Fees in Dispute Over Buy-Sell Option Clause in Company Agreement
The Business Court has granted a defense motion for summary judgment in a dispute over the enforceability of a buy-sell option clause in three nearly identical company agreements. The court awarded the defendant specific performance and attorney’s fees. Michael D....
Waco Court of Appeals Decides Case With Competing Trial Court Orders Stating Findings of Facts and Conclusions of Law
In a case raising the issue of the status of conflicting trial court orders stating findings of fact and conclusions of law, the Waco Court of Appeals has held that the trial court intended to sign the findings and conclusions that supported the judgment. Dudley...
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