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SCOTX Vacates Default Judgment, Holds That Whitney Certificate Is Not Irrebuttable Evidence of Substituted Service
The Texas Supreme Court has reversed a Corpus Christi Court of Appeals decision affirming a default judgment on the basis that the secretary of state’s Whitney...
Corpus Christi Court of Appeals Upholds Summary Judgment for Producer in Royalty Dispute
The Corpus Christi Court of Appeals has affirmed a summary judgment and attorney’s fee award for a producer in a royalty dispute. Roane-Williams Texas Minerals, LLC...
Business Court Grants Summary Judgment for AT&T in Defamation Case
Fiberwave, Inc. f/k/a Spearhead Consulting, Inc. v. AT&T Enterprises, LLC f/k/a AT&T Corp. v. Fiberwave, Inc. f/k/a Spearheading Consulting, Inc. Spearhead...
Dallas Court of Appeals Reverses, Remands TC Order Denying Physician’s Motion to Dismiss for Failure to Serve Adequate Expert Report
The Dallas Court of Appeals has reversed a trial court order denying a physician’s motion to dismiss a health care liability claim for failure to serve an expert...
San Antonio Court of Appeals Affirms Summary Judgment for Possessor in Adverse Possession Case
The San Antonio Court of Appeals has upheld a trial court order granting summary judgment to defendants who acquired title to the disputed property by adverse...
Amarillo Court of Appeals Reverses $300,000 Judgment in DTPA Case
The Amarillo Court of Appeals has reversed a judgment on a $300,000 verdict for alleged knowing violations of the DTPA. Wolfcreek Minerals, LLC and Brett Duke v....
In Concurring Opinion, Justice Gunn Urges Prohibition on Pretext Instructions
Houston [1st] Court of Appeals Justice David Gunn has urged Texas appellate courts to rule that trial courts do not have discretion to submit pretext instructions...
Waco Court of Appeals Reverses TC Denial of Arbitration in Case Involving Incorporation by Reference Doctrine
The 10th Court of Appeals reversed a trial court order denying the motion to compel arbitration in a breach of contract dispute involving application of the...
SCOTX Rejects Candidate’s Mandamus Petition Seeking Access to GOP Primary Ballot
In the second of two mandamus proceedings, the Texas Supreme Court has rejected a last-ditch effort by Supreme Court candidate David Rogers to land a spot on the GOP...
Houston [1st] Court of Appeals Reverses $46 Million Judgment in Favor of Refinery Owner in Dispute with Contractor Over Indemnity Provision
The Houston [1st] Court of Appeals has held that an indemnity provision in a master contract between a refinery owner and a contractor did not impose a comparative...
El Paso Court of Appeals Splits Baby in Oil and Gas Dispute, Holds That a Horizontal Wellbore Begins at Kick-Off Point Regardless of Angle
On remand from the Texas Supreme Court, the El Paso Court of Appeals has construed the term “horizontal drilling” in a retained-acreage clause to begin at the point the wellbore deviates from its vertical orientation, regardless of its angle, and to end at the...
Lt. Gov. Patrick Releases First Round of Interim Charges
Lt. Gov. Dan Patrick has issued his first round of interim charges for Texas Senate committees to study in preparation for the 90th Legislature. Lt. Gov. Patrick made the following statement upon issuing the charges: “These first 5 interim charges, released today,...
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 with the court’s order to join all interest owners under Rule 39, TRCP. Norman Ross Becken, et al. v....
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 re American Risk Insurance Company, Inc. (No. 01-25-00575-CV; November 25, 2025) arose from a dispute...
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 Quintero’s request that the Business Court reconsider a previous order granting Defendants’s motion for...
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 Automotive d/b/a Keystone Automotive Industries, Inc. and Jesus Duron v. Adan Robert Romo (No....
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