Alexander test (Texas) · Go Syfert
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Alexander test in Texas

18 Texas opinions name it 1 courts 1919–2021 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.

Followed or applied (18)

CaseFollowedCited
Ovalle v. Stategreen
texcrimapp · 2000 · cited in 2 Texas opinions naming this issue, 2007–2007
2 sentences

2007Ovalle v. State, 13 S.W.3d 774, 783 (Tex.Crim.App.2000); Colburn v. State, 966 S.W.2d 511, 520 (Tex.Crim.App.1998) (jury is presumed to have followed trial court’s instructions).

2007Ovalle v. State , 13 S.W.3d 774, 783 (Tex. Crim.

22
Hull v. Stategreen
texcrimapp · 2002 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006See Hull v. State, 67 S.W.3d 215, 221 (Tex. Crim.

2006See Hull v. State, 67 S.W.3d 215, 221 (Tex. Crim.

22
McClenan v. Statered
texcrimapp · 1983 · cited in 2 Texas opinions naming this issue, 2006–2006
2 sentences

2006While a judge’s arbitrary refusal to consider the entire range of punishment may be a proper ground for a motion to recuse, see McClenan v. State, 661 S.W.2d 108, 110 (Tex. Crim.

2006While a judge’s arbitrary refusal to consider the entire range of punishment may be a proper ground for a motion to recuse, see McClenan v. State, 661 S.W.2d 108, 110 (Tex. Crim.

22
Alexander v. Hagedorngreen
tex · 1950 · cited in 2 Texas opinions naming this issue, 2001–2011
2 sentences

2011Under the Alexander standard, before a litigant can successfully invoke a bill of review to set aside a final judgment, “he must allege and prove: (1) a meritorious defense to the cause of action alleged to support the judgment, (2) which he was prevented from making by the fraud, accident, or wrongful act of the opposite party, (3) unmixed with any fault or negligence of his own.” Alexander, 226 S.W.2d at 998 .

2011Under the Alexander standard, before a litigant can successfully invoke a bill of review to set aside a final judgment, “he must allege and prove: (1) a meritorious defense to the cause of action alleged to support the judgment, (2) which he was prevented from making by the fraud, accident, or wrongful act of the opposite party, (3) unmixed with any fault or negligence of his own.” Alexander, 226 S.W.2d at 998 .

12
Alabama v. Whitegreen
scotus · 1990 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See id.

11
in Re Commitment of Carlos Cortezgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013No. 09-12-00385-CV, 2013 WL 3270613, at *2 (Tex. App.—Beaumont June 27, 2013, no pet. h.).

11
De La Paz v. Stategreen
texcrimapp · 2009 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See De La Alexander v. State Page 10 Paz, 279 S.W.3d at 343 ; see also Prible, 175 S.W.3d at 731 .

11
Prible v. Stategreen
texcrimapp · 2005 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See De La Alexander v. State Page 10 Paz, 279 S.W.3d at 343 ; see also Prible, 175 S.W.3d at 731 .

11
Bushell v. Deangreen
tex · 1991 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011App. P. 33.1(a)(1); Bushell v. Dean, 803 S.W.2d 711, 712 (Tex. 1991) (op. on reh’g). 6 It is possible that a reference in Alexander’s brief relates to her contention in the trial court that Wells Fargo failed to respond to interrogatories and requests for admissions; however, Wells Fargo filed its timely response to that discovery in the clerk’s record.

11
MacKay v. Charles W. Sexton Companygreen
texapp · 1971 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011Sexton Co., 469 S.W.2d 441, 444-45 (Tex.Civ.App.-Dallas 1971, no writ) (“negligence or oversight” of employee of bill of review plaintiff precluded bill of review plaintiff from meeting third element of Alexander standard).

11
Wheeler v. Greengreen
tex · 2005 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Wheeler, 157 S.W.3d at 444 .

11
Scott v. Gallaghergreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Drecker , 200 S.W.3d at 811 (affirming dismissal as frivolous inmate’s claims of deprivation of access to law library where inmate did not allege “his efforts to pursue a legal claim or defense in court were in any way impeded”); see also Scott , 209 S.W.3d at 267–68 (affirming dismissal as frivolous inmate’s claims of “civil assault and battery” where inmate failed to allege use of force was malicious or in bad faith, which was element required to avoid correctional officer’s privilege to use force to maintain security or safety).

11
Wesbrook v. Stategreen
texcrimapp · 2000 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See id.

11
Decker v. Dunbargreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Drecker , 200 S.W.3d at 811 (affirming dismissal as frivolous inmate’s claims of deprivation of access to law library where inmate did not allege “his efforts to pursue a legal claim or defense in court were in any way impeded”); see also Scott , 209 S.W.3d at 267–68 (affirming dismissal as frivolous inmate’s claims of “civil assault and battery” where inmate failed to allege use of force was malicious or in bad faith, which was element required to avoid correctional officer’s privilege to use force to maintain security or safety).

11
Colburn v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007Ovalle v. State, 13 S.W.3d 774, 783 (Tex.Crim.App.2000); Colburn v. State, 966 S.W.2d 511, 520 (Tex.Crim.App.1998) (jury is presumed to have followed trial court’s instructions).

11
Chapman v. King Ranch, Inc.green
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2001–2001
2 sentences

2001See Alexander, 226 S.W.2d at 1001 ; see also Chapman v. King Ranch, Inc., 41 S.W.3d 693, 700-01 (Tex.App.-Corpus Christi 2001, pet. filed) (bill of review attacking judgment over one hundred years old; summary judgment reversed and cause remanded for trial).

2001See Alexander, 226 S.W.2d at 1001 ; see also Chapman v. King Ranch, Inc., 41 S.W.3d 693, 700-01 (Tex.App.-Corpus Christi 2001, pet. filed) (bill of review attacking judgment over one hundred years old; summary judgment reversed and cause remanded for trial).

11
May v. City of McKinneygreen
texapp · 1972 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989See Price v. Hurt, 711 S.W.2d 84, 86 (Tex.App. — Dallas 1986, no writ) (defendant entitled to summary judgment if the proof establishes that one element of plaintiff’s cause of action does not exist); May v. City of McKinney, 479 S.W.2d 114, 120 (Tex.Civ.App. — Dallas 1972, writ ref’d n.r.e.).

11
Price v. Hurtgreen
texapp · 1986 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989See Price v. Hurt, 711 S.W.2d 84, 86 (Tex.App. — Dallas 1986, no writ) (defendant entitled to summary judgment if the proof establishes that one element of plaintiff’s cause of action does not exist); May v. City of McKinney, 479 S.W.2d 114, 120 (Tex.Civ.App. — Dallas 1972, writ ref’d n.r.e.).

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 (5)

CaseCitedYears
Wyatt v. Shaw Plumbing Co. red
tex · 1988
1 sentence

2014Id.; Wyatt, 760 S.W.2d at 247 .

12014–2014
Living Centers of Texas, Inc. v. Penalver green
tex · 2008
1 sentence

2013Id. at 681-82 .

12013–2013
Craddock v. Sunshine Bus Lines, Inc. green
tex · 1939
2 sentences

2011In Craddock , which involved a direct appeal of the trial court’s order denying a defendant’s timely motion for new trial, the supreme court stated the following rule: “A default judgment should be set aside and a new trial ordered in any case in which the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or an accident; provided the motion for new trial sets up a meritorious defense and is filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaint

2011In Craddock , which involved a direct appeal of the trial court’s order denying a defendant’s timely motion for new trial, the supreme court stated the following rule: “A default judgment should be set aside and a new trial ordered in any case in which the failure of the defendant to answer before judgment was not intentional, or the result of conscious indifference on his part, but was due to a mistake or an accident; provided the motion for new trial sets up a meritorious defense and is filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaint

12011–2011
Strickland v. Washington green
scotus · 1984
1 sentence

2009Strickland , 466 U.S. at 692 .

12009–2009
Garner v. Black neutral
tex · 1901
2 sentences

1919Garner v. Black, 95 Tex. 125 , 63 S.W. 918 .

1919Garner v. Black, 95 Tex. 125 , 63 S. W. 918 .

11919–1919

Where else courts name it

PA 21 (1982–2026) TX 18 (1919–2021) CA 14 (1999–2025) MS 11 (1988–2025) GA 10 (1993–2022) OH 9 (2006–2026) WV 7 (1983–1990) NM 6 (1994–2025) LA 6 (1994–2024) NY 5 (1995–2021) MO 5 (2008–2019) AK 4 (1975–2025) WA 4 (1998–2024) NJ 4 (1996–2022) KS 4 (1999–2022) IN 3 (1976–2020) MD 3 (1992–2006) AL 3 (1992–2024) IL 3 (1991–2024) WI 3 (2013–2025) DC 3 (1980–1994) MI 2 (1977–2021) FL 2 (1976–2005) CO 2 (1991–2022) NE 2 (2023–2026) MT 2 (1963–2012) IA 2 (2020–2025) MA 2 (1990–2011) AZ 2 (1978–2015)

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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