judicial estoppel precludes a party doctrine (Texas) · Go Syfert
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judicial estoppel precludes a party doctrine in Texas

10 Texas opinions name it 1 courts 2009–2023 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 (4)

CaseFollowedCited
Pleasant Glade Assembly of God v. Schubertgreen
tex · 2008 · cited in 9 Texas opinions naming this issue, 2009–2023
2 sentences

2023See Pleasant Glade Assembly of God v. Schubert, 264 S.W.3d 1, 6 (Tex. 2008) (“The doctrine of judicial estoppel precludes a party from adopting a position inconsistent with one that it maintained successfully in an earlier proceeding.”); see also Graves v. Tomlinson, 329 S.W.3d 128, 138 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (“[a]n appeal in the same case is not a ‘subsequent action’ to which judicial estoppel applies.”).

2014“The doctrine of judicial estoppel precludes a party from adopting a position inconsistent with one that it maintained successfully in an earlier proceeding.” Pleasant Glade Assembly of God v. Schubert, 264 S.W.3d 1, 6 (Tex.2008).

99
Davidson v. Stategreen
texapp · 1987 · cited in 5 Texas opinions naming this issue, 2009–2009
2 sentences

2009Davidson v. State , 737 S.W.2d 942, 948 (Tex. App.--Amarillo 1987, pet. ref'd); see Pleasant Glade Assembly of God v. Schubert , 264 S.W.3d 1, 11-13 (Tex. 2008) ("The doctrine of judicial estoppel precludes a party from adopting a position inconsistent with one that it maintained successfully in an earlier proceeding.") (citations omitted).

2009Davidson v. State , 737 S.W.2d 942, 948 (Tex. App.--Amarillo 1987, pet. ref'd); see Pleasant Glade Assembly of God v. Schubert , 264 S.W.3d 1, 11-13 (Tex. 2008) ("The doctrine of judicial estoppel precludes a party from adopting a position inconsistent with one that it maintained successfully in an earlier proceeding.") (citations omitted).

55
Graves v. Tomlinsongreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See Pleasant Glade Assembly of God v. Schubert, 264 S.W.3d 1, 6 (Tex. 2008) (“The doctrine of judicial estoppel precludes a party from adopting a position inconsistent with one that it maintained successfully in an earlier proceeding.”); see also Graves v. Tomlinson, 329 S.W.3d 128, 138 (Tex. App.—Houston [14th Dist.] 2010, pet. denied) (“[a]n appeal in the same case is not a ‘subsequent action’ to which judicial estoppel applies.”).

11
Ferguson v. Building Materials Corp. of Americagreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Ferguson v. Building Materials Corp. of Am., 295 S.W.3d 642, 643 (Tex. 2009).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (5) TX § Tex. Penal Code § 37.09 (5) TX § Tex. Penal Code § 38.05 (5)

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

NY 15 (2002–2025) CA 14 (1998–2026) TX 10 (2009–2023) GA 7 (1994–2017) OH 5 (2002–2011) DC 2 (2007–2013) WI 2 (1999–2026)

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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