Appellate Procedure

Texas 8th Court of Appeals, Appellate Procedure, Constitutional, Municipal Law, Tax

City of El Paso v. Pickett — City’s “Environmental Franchise Fee” Was an Unlawful Tax, Eighth Court Holds

automatic / June 13, 2026

The Eighth Court of Appeals affirmed that El Paso’s monthly Environmental Franchise Fee—charged to all residential solid-waste customers and raised without cost studies to fund police and fire equipment—was an impermissible tax, not a legitimate regulatory fee, and that governmental immunity did not bar a refund because nonpayment was criminal.

Texas 7th Court of Appeals, Appellate Procedure, Civil Procedure, Employment

Petrini v. Simon Group Consulting — Domesticating a California Judgment in Texas Does Not Give Texas Courts Jurisdiction Over Counterclaims Arising from Pre-Domestication California Conduct

automatic / June 8, 2026

The Seventh Court of Appeals held that a California company’s domestication of a default judgment in Texas does not confer specific personal jurisdiction for counterclaims arising from pre-domestication California conduct, and that remote employment of a Texas resident does not establish general jurisdiction over a nonresident defendant.

Texas 2nd Court of Appeals, Appellate Procedure, Civil Procedure, Oil & Gas, Real Estate

Atmos Energy v. DPC Parker Properties — Order Enforcing Rule 11 Settlement Does Not Function as a Temporary Injunction and Is Not Subject to Interlocutory Appeal

automatic / June 8, 2026

The Fort Worth Court of Appeals dismissed Atmos Energy’s interlocutory appeal of a trial court order enforcing a Rule 11 mediated settlement in an eminent-domain dispute, holding that the order did not function as a temporary injunction because it compelled performance based on the parties’ own agreement rather than any merits determination.

Texas 13th Court of Appeals, Appellate Procedure, Civil Procedure, Municipal Law

City of Edinburg v. Texas Cordia Construction — City Cannot Block Contractor’s Immunity Evidence by Limiting Its Jurisdictional Challenge to Pleadings

automatic / June 8, 2026

The Thirteenth Court of Appeals held that a city cannot bar a contractor from presenting jurisdictional evidence by framing its plea to the jurisdiction as a pleadings-only challenge, and that amounts owed under a termination-for-convenience clause are “due and owed” within the Texas Local Government Code’s immunity waiver.

Texas 13th Court of Appeals, Appellate Procedure, Civil Procedure, Contract Interpretation, Insurance Coverage

In Re Germania Farm Mutual — Texas Appeals Court Compels Insurance Appraisal Despite Insurer’s Full Claim Denial

automatic / June 7, 2026

The Thirteenth Court of Appeals conditionally granted mandamus compelling appraisal in a homeowner's insurance dispute, holding that Germania's outright claim denial did not preclude appraisal and that the policyholder failed to establish waiver or prejudice from any delay in demanding the process.