Third Court of Appeals Civil Update

The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of October 9, 2024. ADMINISTRATIVE LAW: Court affirms where party fails to rebut presumption of sufficient notice of a hearing. St. George Affordable Auto, LLC d/b/a Skyline

The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024.  TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal.  Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.)

The following are summaries of selected civil opinions issued by the Third Court of Appeals during June and July 2024. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Aug. 12, 2024.  FAMILY LAW: Court grants mandamus relief in contempt proceeding. In re Kozinn, No. 03-23-00748-CV (Tex. App.—Austin June 6, 2024, orig. proceeding) (mem.

The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.Subsequent histories are current as of June 11, 2024. MANDAMUS: Court grants relief where trial court denied objection to associate judge referral.  In re Laurie, No. 03-24-00124-CV (Tex.

The following are summaries of selected civil opinions issued by the Third Court of Appeals in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 8, 2024. PREMISES LIABILITY: Court reverses summary judgment, concluding plaintiffs were not trespassers. Chavez v. Silverleaf Resorts, LLC, No. 03-22-00498-CV

The following are summaries of selected civil opinions issued by the Third Court of Appeals in March 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of April 9, 2024. GOVERNMENTAL IMMUNITY:  Court holds agency is immune from takings claim. Texas State Library & Archives Comm’n v. Westmoreland,

The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2024. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 11, 2024. ATTORNEY’S FEES: Court reverses order denying attorney’s fees.  Abira Med. Laboratories, LLV v. OMH-Healthedge Holdings, Inc., No. 03-22-00176-CV (Tex. App.—Austin Feb. 13, 2024, no

The following are summaries of selected civil opinions issued by the Third Court of Appeals during January 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of Feb. 7, 2024.  ORIGINAL PROCEEDING: Court grants relief where trial court denied discovery of plaintiff’s medical history.  In re Westside Roofing,

The following are summaries of selected civil opinions issued by the Third Court of Appeals during November and December 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 9, 2024.  FAMILY LAW: Court reverses modification order entered without evidence.  Abila v. Miller, No. 03-22-00452-CV(Tex. App.—Austin Dec. 21, 2023, no pet. h.).  In

The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Nov. 7, 2023. FAMILY LAW: Court affirms fraud-on-the-community judgment. Rue v. Rue, No. 03-22-00758-CV (Tex. App.—Austin Oct. 6, 2023, no pet. h.) (mem. op.). The trial