Foster motion (Texas) · Go Syfert
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Foster motion in Texas

21 Texas opinions name it 2 courts 1994–2021 2 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.

Followed or applied (9)

CaseFollowedCited
Foster v. Richardsongreen
texapp · 2009 · cited in 3 Texas opinions naming this issue, 2010–2010
2 sentences

2010Id. at 836.

2010Id. at 840-41 (footnote omitted).

33
American Transitional Care Centers of Texas, Inc. v. Palaciosgreen
tex · 2001 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

2009See Palacios, 46 S.W.3d at 875 .

2009See Palacios, 46 S.W.3d at 875 .

33
Federal Sign v. Texas Southern Universityred
tex · 1997 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Federal Sign, 951 S.W.2d at 409 .

2008See Federal Sign, 951 S.W.2d at 409 .

33
Roach v. Rowleygreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007See Roach , 135 S.W.3d at 848 .

2007See Roach, 135 S.W.3d at 848 .

22
Pamela Alexander v. Wilmington Savings Fund Society, FSB D/B/A Christian Trust as Trusteegreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Foster points to a letter from the trial court in which it stated that it “has given further consideration to the competing motions for summary judgment, responses, and replies in this case” and “conducted additional review of the law applicable to this case.” The trial court wrote that, “In light of this further consideration, including the opinions in Alexander v. Wilmington Savings Fund Society, 555 S.W.3d 297, 300 (Tex. App.—Dallas 2018, no pet.) and 4The five numbered questions in the “Issues Presented” section do not directly correspond to the arguments presented in the body of Foster’s

11
In re in the Estategreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See In re Estate of Howard, 543 S.W.3d 397, 401 (Tex. App.— Houston [14th Dist.] 2018, pet. denied) (“The doctrine of issue preclusion, also known as collateral estoppel, precludes relitigating issues decided in a previous action even though a later action is based on a different claim.”).

11
O'Connor v. Sam Houston Medical Hospital, Inc.green
tex · 1991 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016Hosp., Inc., 807 S.W.2d 574, 576 (Tex. 1991) (per curiam).

2016See O’Connor, 807 S.W.2d at 576 .

11
Texas West Oaks Hospital, LP v. Williamsgreen
tex · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015On March 11, 2013, Cityview filed another motion to dismiss pursuant to civil practice and remedies code section 74.351(b), arguing that because Foster was a claimant under the TMLA and her claims were within the “safety category” of health care liability claims as defined by the supreme court in Texas West Oaks Hospital, L.P. v. Williams, 371 S.W.3d 171, 186 (Tex. 2012), her claims were subject to the expert report requirements of the TMLA.4 See Tex. Civ.

11
Yaquinto v. Brittgreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See Yaquinto , 2006 WL 563581, at *5 ; Walker, 67 S.W.3d at 479 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Walker v. Thornton green
texapp · 2002
2 sentences

2006See Yaquinto , 2006 WL 563581, at *5 ; Walker, 67 S.W.3d at 479 .

2006See Yaquinto, at 826-27; Walker, 67 S.W.3d at 479 .

22006–2006
Wendy Kyle v. H.T. Strasburger, Shirley Strasburger, Terry Whitley, Fidelity Bank of Texas, and Tuition Llc green
tex · 2017
1 sentence

2021In particular, Foster cites Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2015), and Kyle v. Strasburger, 522 S.W.3d 461 (Tex. 2017), as recent decisions that make the judgment in the prior federal suit obsolete.

12021–2021
Garofolo v. Ocwen Loan Servicing, L.L.C. green
tex · 2016
1 sentence

2021In particular, Foster cites Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2015), and Kyle v. Strasburger, 522 S.W.3d 461 (Tex. 2017), as recent decisions that make the judgment in the prior federal suit obsolete.

12021–2021
Wood v. HSBC Bank USA, N.A. green
tex · 2016
1 sentence

2021In particular, Foster cites Wood v. HSBC Bank USA, N.A., 505 S.W.3d 542 (Tex. 2016), Garofolo v. Ocwen Loan Servicing, L.L.C., 497 S.W.3d 474 (Tex. 2015), and Kyle v. Strasburger, 522 S.W.3d 461 (Tex. 2017), as recent decisions that make the judgment in the prior federal suit obsolete.

12021–2021
Cornet v. State green
texcrimapp · 2013
1 sentence

2018However, in light of the evidence raising the issue of self-defense, of our resolution of the factors discussed above, and of the governing case law indicating that the denial of a defensive instruction in cases involving a single offense is generally harmful, see Cornet, 417 S.W.3d at 451 , we cannot conclude that the absence of a self-defense instruction was harmless under the circumstances present here.

12018–2018
Foster v. State neutral
texapp · 2010
1 sentence

2015“After the filing and denial of Foster's motion for rehearing, Foster, after obtaining an extension of time from the Court of Criminal Appeals, timely filed a petition for Page 2 of 4 discretionary review on December 1, 2009.” Foster, v. State, 320 S.W. 3d 635 (Tex.Crim.App.2010) Conclusion and request for relief The Court of Criminal Appeals of Texas should extend the time to file the Petition for Discretionary Review from July 25, 2015 until August 24, 2015.

12015–2015
State Ex Rel. Rosenthal v. Poe green
texcrimapp · 2003
1 sentence

2007However, the record does not establish that the trial court has found that reasonable grounds exist for Foster’s motion to be filed and that Foster is indigent. 1 Because Foster is not entitled to appointed counsel until the trial court makes these findings, see id . , he has not shown that he has a “clear right to relief.” See Poe , 98 S.W.3d at 198 .

12007–2007
Cawthon v. State green
texcrimapp · 1992
1 sentence

1994Foster’s challenge on the sufficiency of the evidence is based on his interpretation of Cawthon v. State, 849 S.W.2d 346 (Tex.Crim.App.1992) (opinion on reh’g).

11994–1994

Statutes the citing opinions construe

TX § Tex. Ins. Code § 1575.008 (3) TX § Tex. Ins. Code § 1575.051 (3) TX § Tex. Ins. Code § 1575.052 (3)

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.

Where else courts name it

OH 33 (2000–2025) TX 21 (1994–2021) NM 21 (2020–2026) MS 17 (1991–2015) FL 12 (1977–2024) GA 12 (1973–2016) PA 7 (1969–2024) CA 6 (1967–2021) KS 5 (1993–2025) IN 5 (1980–2016) NC 4 (1983–1998) MO 3 (1994–2011) AL 3 (1988–2026) MA 3 (1997–2018) DC 2 (1989–1996) MN 2 (1900–2024) NJ 2 (2006–2010) AR 2 (1962–1980) CO 2 (2011–2014) MI 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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