Texas Case Summaries
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Texas 7th Court of Appeals, Child Custody, Civil Procedure, Family Law

Bracken v. Bracken — Default Divorce Judgment Reversed Because Pro Se Party Received No Notice of Trial After Attorney Withdrew Without Following Rule 10

automatic / June 13, 2026

The Seventh Court of Appeals reversed a post-answer default judgment in a divorce case, holding that a pro se defendant received no notice of the trial setting after her attorneys withdrew without serving her by certified mail as required by Rule 10, and that subsequent electronic-only service failed to comply with the trial court’s own notice order and could not trigger the Rule 21a presumption of receipt.

Texas 7th Court of Appeals, Criminal, Criminal Procedure

McGruder v. State — Defendant Who Refused Court-Ordered Sanity Evaluation Cannot Complain of Its Denial on Appeal

automatic / June 13, 2026

The Seventh Court of Appeals affirmed convictions after holding that a defendant who refuses a court-ordered sanity evaluation waives any right to such an evaluation and cannot complain on appeal of its denial, and that a December 2022 incompetency finding was legally irrelevant to the separate question of the defendant’s sanity at the time of the offenses.

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.

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