In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. When complaining to the appellate court, the focus should be

Among the 2025 legislative changes, the biggest deal, in my opinion, are the changes to the requirements for nonparent standing. Section...

While some cases are short and sweet, others are massive 10,000-piece puzzles. Some can be tried with the presentation of a couple of inventories and brief testimony from the parties, while other cases may have 6 dueling experts. Yet, the trial court may not want to provide sufficient time for the parties to present all their evidence. This can be frustrating for everyone involved, but the best that lawyers can do is be prepared for all potential outcomes and make sure the re

87 Tex. B.J. 696 (October 2024)

In 2023, the legislature amended Texas Government Code Section 80.002 to include a provision requiring courts to provide notice of orders through the efiling system. Tex. Gov’t Code § 80.002(b). Additionally, Texas Rule of Civil Procedure 21 was amended to state: “the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing service provider” unless certain exceptions apply, such as the case being sealed or when an unr

The Texas Family Code statutes addressing reimbursement claims in divorce proceedings were completely rewritten in the last legislative session. The Legislature explicitly stated that its intended purpose was as follows: State law regarding reimbursement and economic contribution with respect to marital property rights can be very confusing to those not well versed in the history of such law, as it is often misinterpreted and misunderstood by litigants, practitioners, and c

Although the Texas Family Code provides great detail as to how property is to be handled during marriage and divorce, not everyone likes the way Texas handles marital property. Sometimes couples get married and settle down in Texas simply because they like the weather, but they may not like the idea of “community property” or some other standard aspect of Texas family law. Thus, in the same way that people may make end-of-life plans with a will rather than leaving the distrib

When thinking about “creating a record” and “preserving issues for appeal,” it helps if a trial attorney understands a bit about the appellate process and why trial attorneys need to get things in “the record.” First, what is “the record?” In an appeal, the record consists of the clerk’s record and, if necessary to the appeal, the reporter’s record. Tex. R. App. P. 34.1. The clerk’s record is made up of all the documents that were actually filed in the trial court. See Tex. R

In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. Mandamus is an extraordinary remedy that is only available i

New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can directly attack a default judgment by a motion for new trial, a restricted appeal, or a bill of review. See PNS Stores v. Rivera, 379 S.W.3d 267, 271 (Tex. 2012). When a no-answer default judgment is challenged by a direct attack, the record must show strict compliance with the manner and mode of service; otherwise, the service is invalid and the

Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because the appellee would be asking for greater relief than what was received in the trial court. Souffer v. Levine & Father Operating Corp., No. 05-19-00001-CV, 2020 WL 3410636, at *4 (Tex. App.—Dallas, 2020, no pet.) (mem. op.); Tex. R. App. P. 25.1(c). If an appellant appeals and wins, the appellate court often will remand the case to the trial

A court can order one party to provide periodic financial support for the other after a divorce. Tex. Fam. Code ch. 8 (“Spousal Maintenance”). To be eligible for spousal maintenance, the petitioner must prove that she (1) is a spouse; (2) lacks sufficient property to provide for her minimum reasonable needs; and (3) has met one of the four statutory bases for spousal maintenance: ten-year marriage; family violence; disabled spouse; or disabled child. See Tex. Fam. Code § 8.05

Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid. 201–204. A court can take judicial notice of its own records (e.g., pleadings, affidavits, orders, judgments) in a case involving the same, or practically the same parties. See e.g., In re S.M.R., 434 S.W.3d 576, 582 (Tex. 2014 (in case terminating parental rights, court took notice of prior order granting temporary managing conservatorship

The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not subject to mandamus relief, but if the ruling completely hamstrings your ability to present your case or seeks discovery not permitted by the Rules, a petition for writ of mandamus may be necessary to protect your client’s rights. The new rules impose a duty of disclosure without the need for a request; however, the duty can be exempted by agreem

When seeking a modification of an order affecting the parent-child relationship, the base threshold requirement is to establish a material and substantial change in circumstances. Tex. Fam. Code §§ 156.101, 156.401. The rationale for the policy against repeated re-litigation of custody issues is that custody modifications disrupt the stability of the home and the surroundings of the child subject to the custody order. See Knowles v. Grimes, 437 S.W.2d 816, 817 (Tex. 1969); Sm

We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...

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