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5 Texas opinions name it 2 courts 2017–2021 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Coinmach Corp. F/K/A Solon Automated Services, Inc. v. Aspenwood Apartment Corp.green2 sentences2021The Supreme Court of Texas and this Court have held that, “[i]f a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 786 ; see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . 2018Id. 26 The Texas Supreme Court and this Court have held, however, that, “[w]hen a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 785 (emphasis added); see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dept. v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . | 5 | 5 |
Texas Parks & Wildlife Department v. Sawyer Trustgreen2 sentences2021The Supreme Court of Texas and this Court have held that, “[i]f a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 786 ; see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . 2018Id. 26 The Texas Supreme Court and this Court have held, however, that, “[w]hen a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 785 (emphasis added); see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dept. v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . | 4 | 4 |
Jinkins v. Jinkinsgreen2 sentences2021The Supreme Court of Texas and this Court have held that, “[i]f a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 786 ; see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . 2021The Supreme Court of Texas and this Court have held that, “[i]f a dispute involves a claim of superior title and the determination of possessory interests in property, it must be brought as a trespass-to-try-title action.” Jinkins, 522 S.W.3d at 786 ; see Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 926 (Tex. 2013). “[A] litigant’s couching its requested relief in terms of declaratory relief does not alter the underlying nature of the suit.” Tex. Parks & Wildlife Dep’t v. Sawyer Trust, 354 S.W.3d 384, 388 (Tex. 2011); Jinkins, 522 S.W.3d at 786 . | 2 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin v. Amerman
red
1 sentence2018Moreover, when the “trespass-to-try-title statute governs the parties’ substantive claims . . . [a party] may not proceed alternatively under the Declaratory Judgments Act to recover their attorney’s fees.” Martin, 133 S.W.3d at 267 . 16 Here, because the underlying dispute involves ownership of the possessory interest in the mineral estates at issue, we conclude the proper and mandatory vehicle for resolving those claims is a trespass to try title action. | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.