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12 Texas opinions name it 3 courts 1982–2024 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.
| Case | Followed | Cited |
|---|---|---|
Deen v. Kirkgreen2 sentences2007Deen v. Kirk , 508 S.W.2d 70, 71 (Tex. 1974) (orig. proceeding). 2007Deen v. Kirk , 508 S.W.2d 70, 71 (Tex. 1974) (orig. proceeding). | 3 | 3 |
Hubenak v. San Jacinto Gas Transmission Co.green2 sentences2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall 2009Hubenak v. San Jacinto Gas Transmission Co., 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, for a reasonable period of time, rather than dismissal, is appropriate remedy until parties meet the pre-suit requirement that they are “unable to agree” on the amount of damages in a condemnation proceeding); Hines, 843 S.W.2d at 468 (holding that abatement is proper remedy for failure to give pre-suit notice in Deceptive Trade Practices-Consumer Protection Act case); Schepps v. Presbyterian Hosp. of Dallas, 652 S.W.2d 934, 938 (Tex.1983) (holding that abatement is appropriate for failure to g | 2 | 2 |
Schepps v. Presbyterian Hospital of Dallasgreen2 sentences2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall 2009Hubenak v. San Jacinto Gas Transmission Co., 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, for a reasonable period of time, rather than dismissal, is appropriate remedy until parties meet the pre-suit requirement that they are “unable to agree” on the amount of damages in a condemnation proceeding); Hines, 843 S.W.2d at 468 (holding that abatement is proper remedy for failure to give pre-suit notice in Deceptive Trade Practices-Consumer Protection Act case); Schepps v. Presbyterian Hosp. of Dallas, 652 S.W.2d 934, 938 (Tex.1983) (holding that abatement is appropriate for failure to g | 2 | 2 |
Hines v. Hashgreen2 sentences2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall 2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall | 1 | 2 |
Wichita Falls State Hospital v. Taylorgreen1 sentence2024We find no ambiguity in § 311.034’s text, but even if we did, “we generally resolve ambiguities by retaining immunity.” Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 697 (Tex. 2003). | 1 | 1 |
Morgan v. Plano Independent School Districtgreen1 sentence2023CODE ANN. § 110.006(a); -7- see also Morgan, 724 F.3d at 586 (emphasis added) (“[T]he TRFRA imposes statutory prerequisites to filing suit, the TRFRA contains language that is mandatory, and the pre-suit requirement must be accomplished prior to filing suit.”). | 1 | 1 |
In Re Prudential Insurance Co. of Americagreen1 sentence2021See id. (concluding that “whether a pre- suit waiver of trial by jury is enforceable fits well within the types of issues for which mandamus review is not only appropriate but necessary”). | 1 | 1 |
Brown v. McLennan County Children's Protective Servicesgreen2 sentences2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last category."), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the 2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last categoiy.”), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the | 1 | 1 |
Cain v. Stategreen2 sentences2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last category."), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the 2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last categoiy.”), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the | 1 | 1 |
Williams v. Williamsgreen2 sentences2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last category."), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the 2004In the present context, the most important thing to remember about the Texas law of procedural default is that it only applies to the last categoiy.”), overruled in part on other grounds by Cain v. State, 947 S.W.2d 262, 264 (Tex.Crim.App.1997); Brown v. McLennan County Children's Protective Servs., 627 S.W.2d 390, 393 (Tex.1982) (upholding a pre-suit waiver of citation in an affidavit relinquishing parental rights as a permissible exception, under the Family Code, to the otherwise applicable prohibition of such waivers); Williams v. Williams, 569 S.W.2d 867, 868-870 (Tex.1978) (upholding the | 1 | 1 |
McAnelly v. Ward Bros.green2 sentences1982McAnelly v. Ward Bros., 72 Tex. 342, 343 , 12 S.W. 206, 207 (1888). 1982McAnelly v. Ward Bros., 72 Tex. 342, 343 , 12 S.W. 206, 207 (1888). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roccaforte v. Jefferson County
green
1 sentence2022“Thus, according to the plain language of section 311.034, the term ‘statutory prerequisite’ refers to statutory provisions that are mandatory and must be accomplished prior to filing suit.” Id. 7 TSU contends that “diligent service is encompassed within the statute of limitations; therefore, it is a pre-suit requirement.” However, the text of the personal-injury statute of limitations in section 16.003(a) neither references nor requires diligent service. | 1 | 2022–2022 |
City of DeSoto v. White
green
2 sentences2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall 2015No claim to original U.S. Government Works. 7 City of DeSoto v. White, 288 S.W.3d 389 (2009) 29 IER Cases 555 , 52 Tex. Sup. Ct. J. 893 141 S.W.3d 172, 184 (Tex.2004) (holding that abatement, that the City could not amend the original charges, as the for a reasonable period of time, rather than dismissal, is Code prevented it: “In any Civil Service hearing hereunder, appropriate remedy until parties meet the pre-suit requirement the department head [the Chief] is hereby restricted to his that they are “unable to agree” on the amount of damages original written statement and charges which shall | 1 | 2015–2015 |
Rivercenter Associates v. Rivera
green
1 sentence2015The denial of trial by jury is harmless error only Rivercenter Assocs. v. Rivera, 858 S.W.2d 366 , 367 if there are no material fact *139 issues to submit to a (Tex.1993). jury. 65 But the denial of trial by jury is also reviewable by [23] The issue before us in the present case—whether a pre- suit waiver of trial by jury is enforceable—fits well within mandamus. 66 A sentence in our opinion in General Motors the types of issues for which mandamus review is not only Corp. v. Gayle suggests that this is not true, 67 but we granted appropriate but necessary. | 1 | 2015–2015 |
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.