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

19 Texas opinions name it 1 courts 1980–2025 4 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 (10)

CaseFollowedCited
AMX Enterprises, Inc. v. Bank One, N.A.green
texapp · 2006 · cited in 4 Texas opinions naming this issue, 2012–2015
2 sentences

2015The common-law arguments in Ortiz's motion cannot support summary-judgment based on the Uniform Commercial Code because the U.C.C. "preempts principles of common law and equity that are inconsistent with either its provisions or its purposes and policies."' AMX Enters., Inc. v. Bank One, NA., 196 S.W.3d 202, 207 (Tex. App.- Houston [1st Dist.] 2006, pet. denied) (quoting TEX.

2015The common-law arguments in Ortiz's motion cannot support 5Ulllillary- judgment based on the Uniform Commercial Code because the U.C.C. "preempts principles of common law and equity that are inconsistent with eitherits provisions or its purposes and policies."' AMX Enters., Inc. v. Bank One, N.A., 196 S.W.3d 202, 207 (Tex. App.-Houston [1st Dist.] 2006, pet. denied) (quoting TEX.

44
Flores v. Habermangreen
tex · 1996 · cited in 3 Texas opinions naming this issue, 2012–2013
2 sentences

2013See id.

2013See id.

33
City of Keller v. Wilsongreen
tex · 2005 · cited in 2 Texas opinions naming this issue, 2007–2013
2 sentences

2013See City of Keller, 168 S.W.3d at 822 .

2007See Keller , 168 S.W.3d at 816 .

22
In Re the John G. & Marie Stella Kenedy Memorial Foundationgreen
tex · 2010 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Patrick A. Pirtle Justice ----------------------- [1]For convenience, Chapter 59 of the Texas Code of Criminal Procedure will be cited throughout the remainder of this opinion as "Chapter 59," and provisions of the Texas Code of Criminal Procedure will be cited as "article _______" or "art. _______." See art. 59.01-.14 (West 2006 and West Supp. 2010). [2]"When a court lacks jurisdiction, its only legitimate choice is to dismiss." In re John G., 315 S.W.3d 519, 522 (Tex. 2010) (quoting State v. Morales, 869 S.W.2d 941, 949 (Tex. 1994)). [3]The standing requirement, implicit in the open courts p

2011Patrick A. Pirtle Justice [1] For convenience, Chapter 59 of the Texas Code of Criminal Procedure will be cited throughout the remainder of this opinion as "Chapter 59," and provisions of the Texas Code of Criminal Procedure will be cited as "article _______" or "art. _______." See art. 59.01-.14 (West 2006 and West Supp. 2010). [2] "When a court lacks jurisdiction, its only legitimate choice is to dismiss." In re John G ., 315 S.W.3d 519, 522 (Tex. 2010) (quoting State v. Morales , 869 S.W.2d 941, 949 (Tex. 1994)). [3] The standing requirement, implicit in the open courts provision of the Tex

22
State v. Moralesgreen
tex · 1994 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011Patrick A. Pirtle Justice ----------------------- [1]For convenience, Chapter 59 of the Texas Code of Criminal Procedure will be cited throughout the remainder of this opinion as "Chapter 59," and provisions of the Texas Code of Criminal Procedure will be cited as "article _______" or "art. _______." See art. 59.01-.14 (West 2006 and West Supp. 2010). [2]"When a court lacks jurisdiction, its only legitimate choice is to dismiss." In re John G., 315 S.W.3d 519, 522 (Tex. 2010) (quoting State v. Morales, 869 S.W.2d 941, 949 (Tex. 1994)). [3]The standing requirement, implicit in the open courts p

2011Patrick A. Pirtle Justice [1] For convenience, Chapter 59 of the Texas Code of Criminal Procedure will be cited throughout the remainder of this opinion as "Chapter 59," and provisions of the Texas Code of Criminal Procedure will be cited as "article _______" or "art. _______." See art. 59.01-.14 (West 2006 and West Supp. 2010). [2] "When a court lacks jurisdiction, its only legitimate choice is to dismiss." In re John G ., 315 S.W.3d 519, 522 (Tex. 2010) (quoting State v. Morales , 869 S.W.2d 941, 949 (Tex. 1994)). [3] The standing requirement, implicit in the open courts provision of the Tex

22
National City Bank of Indiana v. Ortizgreen
texapp · 2013 · cited in 2 Texas opinions naming this issue, 2013–2023
2 sentences

2023We remanded the case with instructions to the trial court to “retry Ortiz’s claim against National City for breach of contract and National City’s claims against Ortiz for breach of contract and judicial foreclosure, and, with the exception of Ortiz’s limitations defense discussed [in Ortiz I], permitting the parties to assert defenses to these claims.” Id. at 890 .

2013The second case, National City Bank of Indiana v. Ortiz, 401 S.W.3d 867 (Tex.App.-Houston [14th Dist.], no pet. h.), involved cross-appeals and a mandamus petition arising out of a foreclosure of a residential property. 10 In Ortiz , the Fourteenth Court of Appeals concluded that, in light of its determination of the issues on appeal and “the probable validity of the real property claim,” the trial court had not abused its discretion in denying Ortiz’s motion to expunge the no tice of lis pendens, and it denied his petition for writ of mandamus.

12
Olivas v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Olivas v. State, 202 S.W.3d 137, 145 (Tex. Crim.

11
Shuffield v. Stategreen
texcrimapp · 2006 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review “The admissibility of a photograph is within the sound discretion of the trial judge.” Shuffield v. State, 189 S.W.3d 782, 786 (Tex. Crim.

11
in Re National Lloyds Insurance Companygreen
tex · 2014 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Co., 449 S.W.3d 486, 488 (Tex. 2014).

11
Tilton v. Marshallgreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2006–2006
2 sentences

2006See Tilton, 925 S.W.2d at 681 ; Hunt, 68 S.W.3d at 133 .

2006See Tilton, 925 S.W.2d at 681 ; Hunt, 68 S.W.3d at 133 .

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
McConnell v. Southside Independent School District green
tex · 1993
2 sentences

2015McConnell, substance of the ruling demonstrates that the trial court granted the portion of Ortiz's motion in which he asked the trial court to disregard the jury finding interpreting the Letter Agreements, and denied the portion of the Bank Parties' motion in which they stated, "In accordance with the jury's answer to Question 6 in the negative, the court should enter a judgment allowing National City to foreclose under the Deed of Trust." 24 858 S.W.2d at 341 .

2012McConnell, substance of the ruling demonstrates that the trial court granted the portion of Ortiz’s motion in which he asked the trial court to disregard the jury finding interpreting the Letter Agreements, and denied the portion of the Bank Parties’ motion in which they stated, “In accordance with the jury’s answer to Question 6 in the negative, the court should enter a judgment allowing National City to foreclose under the Deed of Trust.” 24 858 S.W.2d at 341 .

22012–2015
Unkart, Rodney Gale green
texcrimapp · 2013
1 sentence

2025EVID. 103(e) (“In criminal cases, a court may take notice of a fundamental error affecting a substantial right, even if the claim of error was not properly preserved.”); Unkart, 400 S.W.3d at 99 . -5- 04-24-00333-CR Regardless of whether Ortiz’s issue is one that he could not forfeit by inaction, 2 Ortiz’s issue fails on the merits.

12025–2025
Matthews v. Scott green
texapp · 2008
1 sentence

2015Id.

12015–2015
Forest Oil Corp. v. McAllen green
tex · 2008
1 sentence

2013According to the majority, after granting the Partial Summary Judgment based upon the conclusion that the Letters were unambiguous, the trial court (1) realized it had erred in reaching this conclusion, (2) set aside the Partial Summary 42 See Forest Oil Corp. v. McAllen, 268 S.W.3d 51 , 55 n.9 (Tex. 2008) (noting that the determination of an agreement’s validity is a legal question); J.M.

12013–2013
Burton v. National Bank of Commerce of Dallas green
texapp · 1984
1 sentence

2013In this 37 The majority relies upon Burton v. National Bank of Commerce of Dallas, 679 S.W.2d 115 (Tex. App.—Dallas 1984, no writ).

12013–2013
Hunt v. Baldwin green
texapp · 2001
2 sentences

2006See Tilton, 925 S.W.2d at 681 ; Hunt, 68 S.W.3d at 133 .

2006See Tilton, 925 S.W.2d at 681 ; Hunt, 68 S.W.3d at 133 .

12006–2006
Bray v. Curtis green
texapp · 1976
1 sentence

1980Clothiers, 579 S.W.2d 564 (Tex.Civ.App.—Fort Worth 1979, no writ), and Bray v. Curtis, 544 S.W.2d 816 (Tex.Civ.App.—Corpus Christi 1976, writ ref’d n.r.e.).

11980–1980
Hemphill v. S & Q CLOTHIERS green
texapp · 1979
1 sentence

1980Clothiers, 579 S.W.2d 564 (Tex.Civ.App.—Fort Worth 1979, no writ), and Bray v. Curtis, 544 S.W.2d 816 (Tex.Civ.App.—Corpus Christi 1976, writ ref’d n.r.e.).

11980–1980

Statutes the citing opinions construe

TX § Tex. Prop. Code § 12.0071 (7) TX § Tex. Prop. Code § 12.007 (4) USC § 26u.s.c.6050j(a)(1) (4)

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

KS 57 (1991–2026) CA 21 (1982–2025) TX 19 (1980–2025) PA 12 (1993–2026) FL 5 (1991–2026) AZ 3 (2006–2024) MA 3 (2013–2025) NY 3 (1998–2009) DE 2 (2015–2025) IN 2 (2017–2020) ID 2 (2025–2025) OH 2 (2017–2017) IA 2 (2010–2016)

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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