- Section 263.403 Monitored-Return Deadline – Trial Must Commence BEFORE the Deadline, not ON the Deadline| In re R.E.-C. (2026)by Thomas DaleyIn the Interest of R.E.-C., a Child, 02-26-00417-CV, October 15, 2026. On appeal from 325th District Court, Tarrant County, Texas Synopsis Under Texas Family Code Sections 263.401(c) and 263.403(b)(2), trial on the merits must commence before the automatic-dismissal date calculated after a monitored return. Beginning trial on the dismissal date is too late: the trial… Read more: Section 263.403 Monitored-Return Deadline – Trial Must Commence BEFORE the Deadline, not ON the Deadline| In re R.E.-C. (2026)
- CROSSOVER: Texas Rule 166a Limits Summary Judgment to Claims Actually Addressed—A Final Decree Cannot Sweep Away Unchallenged Claimsby Thomas DaleyOman v. Wildflower Country Club, Inc., 03-25-00249-CV, October 16, 2026. On appeal from 169th District Court of Bell County Synopsis Texas Rule of Civil Procedure 166a(c) authorizes summary judgment only on claims actually addressed in the motion. Although the defendants established that a release barred the plaintiffs’ negligence-based overservice claims, their motion did not address… Read more: CROSSOVER: Texas Rule 166a Limits Summary Judgment to Claims Actually Addressed—A Final Decree Cannot Sweep Away Unchallenged Claims
- CROSSOVER: Texas Court Upholds Surveillance Video Authentication Through a Witness Familiar with the Scene—No Retrieval Witness Requiredby Thomas DaleyBurns v. State, 09-25-00218-CR, October 14, 2026. On appeal from 221st District Court, Montgomery County, Texas Synopsis A surveillance video may be authenticated under Texas Rule of Evidence 901 by a witness who recognizes the recorded scene and confirms that the video accurately depicts the witness’s observations. The witness need not have retrieved the recording,… Read more: CROSSOVER: Texas Court Upholds Surveillance Video Authentication Through a Witness Familiar with the Scene—No Retrieval Witness Required
- Family Code § 102.003(a)(9) Grandparent Standing – 2025 Amendment not Retroactive| In re Olsen (2026)by Thomas DaleyIn re Olsen, 12-26-00260-CV, October 14, 2026. On appeal from 173rd District Court of Henderson County, Texas Synopsis Grandparent standing to intervene in a SAPCR is determined when the intervention is filed. Because the grandparents intervened before the 2025 amendment to Texas Family Code § 102.003(a)(9), they were required to establish six months of actual… Read more: Family Code § 102.003(a)(9) Grandparent Standing – 2025 Amendment not Retroactive| In re Olsen (2026)
- CROSSOVER: No-Evidence Summary Judgment Cannot Win Sanctions, Damages, or Other Affirmative Relief in Texas Family-Law Litigationby Thomas DaleyJohnson v. Crown Asset Management, LLC, 14-25-01059-CV, October 15, 2026. On appeal from County Civil Court at Law No. 2, Harris County, Texas Synopsis An unopposed no-evidence summary-judgment motion does not require the trial court to award damages, sanctions, or equitable relief for which the movant bears the burden of proof. Rule 166a authorizes judgment… Read more: CROSSOVER: No-Evidence Summary Judgment Cannot Win Sanctions, Damages, or Other Affirmative Relief in Texas Family-Law Litigation
- CROSSOVER: Recantation Does Not Erase Dating Violence: Contemporaneous Reports and Strangulation Injuries Satisfy the Preponderance Standardby Thomas DaleyMobley v. State, 02-25-00298-CR, October 08, 2026. On appeal from 297th District Court, Tarrant County, Texas Synopsis A complainant’s recantation at an adjudication hearing did not negate her repeated contemporaneous reports of assault, documented injuries, or medical evidence consistent with strangulation. Because the State proved at least one violation of community supervision by a preponderance… Read more: CROSSOVER: Recantation Does Not Erase Dating Violence: Contemporaneous Reports and Strangulation Injuries Satisfy the Preponderance Standard
- Lenz Relocation Factors Support Smith County Move | Cain v. Lemoine-Cain (2025)by Thomas DaleyCain v. Lemoine-Cain, 09-24-00337-CV, October 01, 2026. On appeal from 88th District Court, Hardin County, Texas Synopsis The Ninth Court of Appeals affirmed a geographic restriction permitting the children’s primary residence in Smith County and contiguous counties upon the mother’s acceptance into a nurse practitioner program. The evidence was factually sufficient under Texas Family Code… Read more: Lenz Relocation Factors Support Smith County Move | Cain v. Lemoine-Cain (2025)
- Section 154.062 Self-Employment Income & Advisory Opinion | Marriage of Quillen and Daniel (2026)by Thomas DaleyIn the Matter of the Marriage of Christina Marie Quillen and Paul Arthur Daniel, 05-25-00304-CV, October 06, 2026. On appeal from 254th Judicial District Court, Dallas County, Texas Synopsis Self-employment income is a child-support resource under Texas Family Code § 154.062(b), reduced only by deductions and qualifying business expenses established by the evidence. Because the… Read more: Section 154.062 Self-Employment Income & Advisory Opinion | Marriage of Quillen and Daniel (2026)
- CROSSOVER: Invalid Counsel Waiver Offers a Due-Process Blueprint for Texas Family-Law Contempt Proceedingsby Thomas DaleyJackson v. State, 04-25-00526-CR, October 07, 2026. On appeal from County Court, Sutton County, Texas Synopsis A misdemeanor defendant exposed to incarceration cannot proceed without counsel unless the record establishes a knowing, intelligent, and voluntary waiver made with an understanding of both the right to counsel and the hazards of self-representation. Because the record did… Read more: CROSSOVER: Invalid Counsel Waiver Offers a Due-Process Blueprint for Texas Family-Law Contempt Proceedings
- CROSSOVER: No Consent, No Agreed Judgment: Rule 11 Settlement Cannot Be Rendered After Consent Is Withdrawn—and Contempt-Coerced Release Does Not Bar Appealby Thomas Daley1 Coventry Court, LLC v. The Downs of Hillcrest Residential Association, Inc., 05-22-00989-CV, October 06, 2026. On appeal from 14th Judicial District Court, Dallas County, Texas Synopsis A trial court may not render a consent judgment based on a Texas Rule of Civil Procedure 11 settlement after a party has withdrawn consent, even if the… Read more: CROSSOVER: No Consent, No Agreed Judgment: Rule 11 Settlement Cannot Be Rendered After Consent Is Withdrawn—and Contempt-Coerced Release Does Not Bar Appeal
- CROSSOVER: Timely Summer Vacation Designation Overrides an Earlier Trial Setting—and Makes Denial of a Continuance an Abuse of Discretionby Thomas DaleyPurnell v. 1000 Main, LLC, 14-25-00622-CV, September 29, 2026. On appeal from 189th District Court, Harris County, Texas Synopsis A timely summer vacation designation under Eleventh Administrative Judicial Region Rule 14(b) protects the attorney in charge from trial during the designated week—even when the trial setting predates the designation. Because counsel did not agree to… Read more: CROSSOVER: Timely Summer Vacation Designation Overrides an Earlier Trial Setting—and Makes Denial of a Continuance an Abuse of Discretion
- Foreign-Judgment Comity Requires Notice | Azhar v. Choudhri (2026)by Thomas DaleyAzhar v. Choudhri, 24-0939, September 25, 2026. On appeal from Court of Appeals for the 1st District of Texas Synopsis A foreign divorce judgment obtained without service, meaningful notice, or an opportunity to be heard cannot receive comity in Texas because recognition would contravene Texas public policy protecting fundamental notice rights. Publication is inadequate when… Read more: Foreign-Judgment Comity Requires Notice | Azhar v. Choudhri (2026)
Instagram Posts

