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Appellate

SCOTX Hears Guardianship Divorce Case to Open Term

The $32 million estate of wealthy Laredo lawyer and businessman Carlos Benavides is at the center of the battle over a divorce initiated by his daughter and guardian. His fourth wife argues that her challenge to the divorce decree was not mooted by Benavides’ death amidst the appeal and that Texas law does not allow a guardian to petition for divorce on behalf of a ward. The daughter says that spousal lack of care for her mentally incapacitated father caused her to remove Benavides from his marital home. The Supreme Court this week is hearing other high-profile cases involving police immunity, defamation and professional discipline over a filing contesting the 2020 election.

Janet Elliott

Challenge to 15th COA Transfer is Filed

The jurisdiction of the state’s new Fifteenth Court of Appeals has been challenged by a party in a dispute that had been on appeal before the First Court of Appeals in Houston. A total of 88 cases have been transferred to the Fifteenth Court of Appeals.

Michelle Casady

Governor Appoints David Gunn to First COA

The governor on Tuesday appointed David Gunn, 63, of Beck Redden to serve as the newest justice on the First Court of Appeals in Houston. He is filling the seat vacated by April Farris, who was appointed to the Fifteenth Court of Appeals by Gov. Greg Abbott in June. Justice Gunn’s term will expire in December 2026.

Michelle Casady

SCOTX Transfers First Batch of Cases to New Fifteenth COA

In an administrative order issued Aug. 26, the Texas Supreme Court transferred to the newly-created Fifteenth Court of Appeals 88 cases that had been pending with various intermediate appellate courts. It’s no surprise to observers that the bulk of the cases, 49, were transferred from the Third Court of Appeals in Austin, which formerly decided most cases involving state agencies that are headquartered in the capital.

Michelle Casady & Krista Torralva

Travis County District Judge Can’t Shake ‘Vexatious Litigant’ Title

The U.S. Court of Appeals for the Fifth Circuit issued a unanimous panel opinion Monday rejecting Judge Madeleine Connor’s bid to have Chapter 11 of the Texas Civil Practice & Remedies Code declared unconstitutional. Judge Connor, who was added to the list of vexatious litigants after filing a flurry of pro se lawsuits against her neighbors, is barred from filing more pro se litigation without first seeking permission from the local administrative judge. She argued that barrier to the courts violated her First Amendment right to petition. The Fifth Circuit disagreed.

Michelle Casady

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