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12 Texas opinions name it 1 courts 2000–2015 0 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 |
|---|---|---|
Averitt v. Bruton Paint & Floor Co.green2 sentences2013We also hold that in such a situation, the court is bound to accept as true the affidavits of the movant unless his opponent requests an evidentiary hearing.” Healy, 560 S.W.2d at 721 ; see also Averitt v. Bruton Paint & Floor Co., 773 S.W.2d 574, 576 (Tex.App.-Dallas 1989, no writ) (“On a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing.”). 2007In considering whether the defendant's motion for new trial set up a meritorious defense, the Averitt court stated that "[o]n a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing." 773 S.W.2d at 576 . | 7 | 9 |
Smith v. Holmesgreen2 sentences2015Smith v. Holmes, 53 S.W.3d 815, 818 (Tex. App. – Austin 2001, no pet.). 13 13 “On a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing.” Smith, at 818. 52 Plaintiffs’ response included a copy of the envelope used for service. 2012See Imkie v. Methodist Hosp., 326 S.W.3d 339, 347 (Tex. App.—Houston [1st Dist.] 2010, no pet.) (“We look to the substance of her arguments in her motion for new trial and to the evidence provided at the motion for new trial stage.”); Smith v. Holmes, 53 S.W.3d 815, 818 (Tex. App.—Austin 2001, pet. ref’d) (“On a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing.”). | 4 | 6 |
In Re the Marriage of Parkergreen2 sentences2001Averitt v. Bruton Paint & Floor Co. , 773 S.W.2d 574, 576 (Tex. App.--Dallas 1989, no writ) ; see In re Parker , 20 S.W.3d 812, 816 (Tex. App.--Texarkana 2000, no pet.); see also McClure v. Landis, 959 S.W.2d 679, 681 (Tex. App.--Austin 1997, pet. denied) . 2001Averitt v. Bruton Paint & Floor Co. , 773 S.W.2d 574, 576 (Tex. App.--Dallas 1989, no writ) ; see In re Parker , 20 S.W.3d 812, 816 (Tex. App.--Texarkana 2000, no pet.); see also McClure v. Landis, 959 S.W.2d 679, 681 (Tex. App.--Austin 1997, pet. denied) . | 2 | 2 |
McClure v. Landisgreen2 sentences2001Averitt v. Bruton Paint & Floor Co. , 773 S.W.2d 574, 576 (Tex. App.--Dallas 1989, no writ) ; see In re Parker , 20 S.W.3d 812, 816 (Tex. App.--Texarkana 2000, no pet.); see also McClure v. Landis, 959 S.W.2d 679, 681 (Tex. App.--Austin 1997, pet. denied) . 2001Averitt v. Bruton Paint & Floor Co. , 773 S.W.2d 574, 576 (Tex. App.--Dallas 1989, no writ) ; see In re Parker , 20 S.W.3d 812, 816 (Tex. App.--Texarkana 2000, no pet.); see also McClure v. Landis, 959 S.W.2d 679, 681 (Tex. App.--Austin 1997, pet. denied) . | 2 | 2 |
Imkie v. Methodist Hospitalgreen1 sentence2012See Imkie v. Methodist Hosp., 326 S.W.3d 339, 347 (Tex. App.—Houston [1st Dist.] 2010, no pet.) (“We look to the substance of her arguments in her motion for new trial and to the evidence provided at the motion for new trial stage.”); Smith v. Holmes, 53 S.W.3d 815, 818 (Tex. App.—Austin 2001, pet. ref’d) (“On a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing.”). | 1 | 1 |
Shamrock Roofing Supply, Inc. v. Mercantile National Bank at Dallasgreen1 sentence2000Averitt v. Bruton Paint & Floor Co., 773 S.W.2d 574, 576 (Tex.App.Dallas 1989, no writ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Healy v. Wick Building Systems, Inc.
green
2 sentences2013We also hold that in such a situation, the court is bound to accept as true the affidavits of the movant unless his opponent requests an evidentiary hearing.” Healy, 560 S.W.2d at 721 ; see also Averitt v. Bruton Paint & Floor Co., 773 S.W.2d 574, 576 (Tex.App.-Dallas 1989, no writ) (“On a motion for new trial, the trial court is bound to accept as true the affidavits of the movant, unless the opponent requests an evidentiary hearing.”). 2007To support its holding that the trial court must accept a movant's affidavit as true unless the opponent requests an evidentiary hearing, the Averitt court cited Healy v. Wick Building Systems, Inc. , 560 S.W.2d 713 (Tex. Civ. | 3 | 2007–2013 |
Dallas Heating Co., Inc. v. Pardee
green
2 sentences2007App.—Dallas 1977, writ ref’d n.r.e.), and Dallas Heating Co. v. Pardee, 561 S.W.2d 16 (Tex. Civ. 2007App.--Dallas 1977, writ ref'd n.r.e.), and Dallas Heating Co. v. Pardee , 561 S.W.2d 16 (Tex. Civ. | 2 | 2007–2007 |