defendant files defense (Texas) · Go Syfert
← Texas issues

defendant files defense in Texas

7 Texas opinions name it 2 courts 1936–2026 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 (5)

CaseFollowedCited
City of Houston v. Blackbirdgreen
texapp · 1983 · cited in 3 Texas opinions naming this issue, 2009–2013
2 sentences

2013P. 251 (“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by 9 consent of the parties, or by operation of law.”); City of Houston v. Blackbird, 658 S.W.2d 269, 272 (Tex. App.—Houston [1st Dist.] 1983, writ dism’d) (holding that when appellant’s motion for continuance did not comply with Rule 251 because it was not verified, appellate court must presume that trial court did not abuse its discretion in denying motion).

2009P. 251 ("No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law."); see also Mathew v. McCoy , 847 S.W.2d 397, 399-400 (Tex. App.-Houston [14th Dist.] 1993, no writ) (holding that a motion for continuance must be verified and that the court of appeals must presume the trial court did not abuse its discretion in denying a motion for continuance that was not verified) (citing Villegas v. Carter , 711 S.W.2d 624, 626 (Tex. 1

33
Villegas v. Cartergreen
tex · 1986 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009P. 251 (“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.”); see also Mathew v. McCoy, 847 S.W.2d 397, 399-400 (Tex. App.–Houston [14th Dist.] 1993, no writ) (holding that a motion for continuance must be verified and that the court of appeals must presume the trial court did not abuse its discretion in denying a motion for continuance that was not verified) (citing Villegas v. Carter, 711 S.W.2d 624, 626 (Tex. 198

2009P. 251 ("No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law."); see also Mathew v. McCoy , 847 S.W.2d 397, 399-400 (Tex. App.-Houston [14th Dist.] 1993, no writ) (holding that a motion for continuance must be verified and that the court of appeals must presume the trial court did not abuse its discretion in denying a motion for continuance that was not verified) (citing Villegas v. Carter , 711 S.W.2d 624, 626 (Tex. 1

22
Mathew v. McCoygreen
texapp · 1993 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009P. 251 (“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.”); see also Mathew v. McCoy, 847 S.W.2d 397, 399-400 (Tex. App.–Houston [14th Dist.] 1993, no writ) (holding that a motion for continuance must be verified and that the court of appeals must presume the trial court did not abuse its discretion in denying a motion for continuance that was not verified) (citing Villegas v. Carter, 711 S.W.2d 624, 626 (Tex. 198

2009P. 251 ("No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law."); see also Mathew v. McCoy , 847 S.W.2d 397, 399-400 (Tex. App.-Houston [14th Dist.] 1993, no writ) (holding that a motion for continuance must be verified and that the court of appeals must presume the trial court did not abuse its discretion in denying a motion for continuance that was not verified) (citing Villegas v. Carter , 711 S.W.2d 624, 626 (Tex. 1

22
Martin v. Martin, Martin & Richards, Inc.green
tex · 1999 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026Martin v. Martin, Civ. P. 251 (“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.”). 8 Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex. 1998). “[I]f a party receives notice that is untimely, but sufficient to enable the party to attend the summary judgment hearing, the party must file a motion for continuance and/or raise the complaint of late notice in writing, supported by affidavit evidence, and raise the issue

11
Fertic v. Spencergreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026Martin v. Martin, Civ. P. 251 (“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.”). 8 Martin & Richards, Inc., 989 S.W.2d 357, 359 (Tex. 1998). “[I]f a party receives notice that is untimely, but sufficient to enable the party to attend the summary judgment hearing, the party must file a motion for continuance and/or raise the complaint of late notice in writing, supported by affidavit evidence, and raise the 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
Yarto v. Gilliland green
texapp · 2009
2 sentences

2014“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Id.

2014“No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Id.

22014–2014
Payne v. Latham green
texapp · 1928
1 sentence

1936Payne v. Latham (Tex.Civ.App.) 8 S.W.(2d) 326 .

11936–1936

Where else courts name it

LA 7 (1985–2008) TX 7 (1936–2026) CA 3 (1990–1996) GA 2 (1908–2013)

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.

← Caselaw search · G Cite Topics · Brief Check