briefing waiver (Texas) · Go Syfert
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briefing waiver in Texas

10 Texas opinions name it 2 courts 1996–2025 5 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 (7)

CaseFollowedCited
In Re Akin Gump Strauss Hauer & Feld, LLPgreen
texapp · 2008 · cited in 3 Texas opinions naming this issue, 2023–2023
2 sentences

2023See In re Akin Gump, LLP, 252 S.W.3d at 495 .

2023See In re Akin Gump, LLP, 252 S.W.3d at 495 .

33
City of Houston v. Christopher Rhulegreen
tex · 2013 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025However, we may not find a briefing waiver of an immunity issue as we have an independent obligation “to ascertain that subject matter jurisdiction exists regardless of whether the parties have questioned it,” City of Houston v. Rhule, 417 S.W.3d 440, 442 (Tex. 2013), and to “address a governmental immunity argument even when raised for the first time on appeal.” El Paso 14 Indep.

11
Nobility Homes of Texas, Inc. v. Shiversgreen
tex · 1977 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Nobility Homes of Tex., Inc. v. Shivers, 557 S.W.2d 77, 83 (Tex. 1977) (affirming judgment when party failed to challenge a separate and independent ground for recovery).

11
In Re ELYgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See D.A.S., 973 S.W.2d at 297 ; see also In re E.L.Y., 69 S.W.3d 838, 842 (Tex. App.—Waco 2002, order) (per curiam) (holding Anders briefs in termination appeals must comply with Rule 38.1).

11
Burrus v. Reyesgreen
texapp · 2017 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018We do not, especially considering that (1) materiality often involves case- specific determinations that are not always easily amenable to factual analogy, Burrus, 516 S.W.3d at 188 (materiality of terms are determined on case-by-case basis); (2) Flores is ostensibly distinguishable because that case involved a meeting-of-the-minds failure based on a rules ambiguity that was combined with a lack of an employer’s signature 7 and a failure to sufficiently define the scope of the arbitration agreement vis-à-vis a second collective bargaining agreement 6 The dissent distinguishes Hogg from this ca

11
In Re DASgreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018See D.A.S., 973 S.W.2d at 297 ; see also In re E.L.Y., 69 S.W.3d 838, 842 (Tex. App.—Waco 2002, order) (per curiam) (holding Anders briefs in termination appeals must comply with Rule 38.1).

11
Connors v. Connorsgreen
texapp · 1990 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Appellee cites Connors v. Connors, 796 S.W.2d 233, 236-37 (Tex. App.— Fort Worth 1990, writ denied) as authority for Appellant committing a briefing waiver on Appellant’s fourth issue.

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 (2)

CaseCitedYears
Malooly Brothers, Inc. v. Napier green
tex · 1970
1 sentence

2019John we reaffirmed our application of the briefing waiver implications of Malooly Brothers, Inc. v. Napier, 461 S.W.2d 119 (Tex. 1970) beyond summary judgments.

12019–2019
Saldana v. Garcia green
tex · 1955
1 sentence

1996Tex.R.App.P. 74(f); Saldana v. Garcia, 285 S.W.2d at 200-01 .

11996–1996

Where else courts name it

CT 12 (1989–2016) CA 11 (2015–2025) TX 10 (1996–2025) PA 6 (1988–2024) UT 4 (1991–2024) AK 3 (2018–2025) MO 2 (2004–2021) OH 2 (1993–2003)

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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