Texas Case Summaries

Civil Procedure

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

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, Civil Procedure, Personal Injury & Tort

Allen v. Bell Textron — Plaintiff Who Tells Court He Has No Additional Facts and Won’t Replead Forfeits Chance to Expand Negligence Theories After Special Exceptions Sustained

The Fort Worth Court of Appeals affirmed a take-nothing judgment for Bell Textron after an injured contractor’s counsel stated at a special-exceptions hearing he had no additional facts and would not replead, holding the plaintiff forfeited his opportunity to amend, the narrow jury charge was proper, and any collateral-source evidence error was harmless because the jury found no proximate cause.

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

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, Civil Procedure, professional-liability

Melden & Hunt v. Cantu — Citing the Certificate-of-Merit Statute and Promising a Future Affidavit Does Not Satisfy Texas’s Contemporaneous-Filing Requirement

The Thirteenth Court of Appeals held that an original petition that cites Texas Civil Practice and Remedies Code § 150.002(c) and promises a forthcoming certificate of merit does not substantially comply with the contemporaneous-filing requirement for professional-negligence claims against engineers, requiring reversal and remand for a determination on prejudice.

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

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.

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