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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...
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....
Why Is the 15th Court of Appeals Deciding a Family Law Case?
January 29, 2026 Last week the statewide 15th Court of Appeals handed down an opinion deciding a pro se appeal of a protective order that prevented a father from having contact with his children on grounds that he committed family violence. The case originated in a...
Houston [14th] Court of Appeals Orders TC to Grant Party’s Motion to Abate Separate Proceeding Pending Resolution of Enforceability of Rule 11 Agreement Involving Same Dispute
The Houston [14th] Court of Appeals has granted mandamus ordering a trial court to grant a party’s motion to abate a separate proceeding pending resolution of a dispute over the enforceability of a Rule 11 settlement agreement. In Re Frontier Custom Builders, Inc. and...
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...
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