judicial admissions doctrine in Texas

2004Lee, 43 S.W.3d at 641 ; Sherman, 106 S.W.3d at 140 .

2004Lee , 43 S.W.3d at 641 ; Sherman , 106 S.W.3d at 140 .

2004See Lee, 43 S.W.3d at 641-42 ; Dowelanco, 4 S.W.3d at 871 .

2004See Lee , 43 S.W.3d at 641-42 ; Dowelanco , 4 S.W.3d at 871 .

2016Cf. Rivera v. Hernandez, 441 S.W.3d 413 , 416–18, 420–24 (Tex. App.—El Paso 2014, pet. denied) (husband’s sworn inventory characterizing real estate as community asset did not bind him as judicial admission where parties’ pleadings and discovery were consistent with his assertion of separate-property claim instead, husband sought and was granted leave to amend his inventory to correct the “mistake,” and evidence establishing separate-property status was admitted without objection). 5 Tschirhart v. Tschirhart, 876 S.W.2d 507 , 509 n.1 (Tex. App.—Austin 1994, no writ) (citing Roosevelt, 699 S.W.

2016Cf. Rivera v. Hernandez, 441 S.W.3d 413 , 416–18, 420–24 (Tex. App.—El Paso 2014, pet. denied) (husband’s sworn inventory characterizing real estate as community asset did not bind him as judicial admission where parties’ pleadings and discovery were consistent with his assertion of separate-property claim instead, husband sought and was granted leave to amend his inventory to correct the “mistake,” and evidence establishing separate-property status was admitted without objection). 5 Tschirhart v. Tschirhart, 876 S.W.2d 507 , 509 n.1 (Tex. App.—Austin 1994, no writ) (citing Roosevelt, 699 S.W.

2016It invokes the concept that judicial admissions must concern facts, not conclusions of law, and reasons that Otis’s assertions recognizing a community interest in the Midland Life policy are only the latter.10 But whether a particular asset is owned by husband, wife, or the community, though necessarily turning on some application of legal principles, has long been considered of a sufficiently factual nature to be susceptible to judicial admission.11 That is the longstanding view of this Court, in fact.12 The substance of the Court’s concern here may instead implicate whether Susan waived her

2015Indeed, contrary to its burden “of pleading sufficient allegations to bring the non-resident defendant within the personal jurisdiction of a Texas court,”10 LMS Consulting pled facts conclusively disproving personal jurisdiction over Appellants. 10 Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 582 (Tex. App.—Houston [14th Dist.] 2005, no pet.). 10 A. The doctrine of judicial admissions.

2015Indeed, contrary to its burden “of pleading sufficient allegations to bring the non-resident defendant within the personal jurisdiction of a Texas court,”10 LMS Consulting pled facts conclusively disproving personal jurisdiction over Appellants. 10 Coleman v. Klockner & Co. AG, 180 S.W.3d 577 , 582 (Tex. App.—Houston [14th Dist.] 2005, no pet.). 10 A. The doctrine of judicial admissions.

1995Appellant’s pleadings, sworn response to the plea in abatement, deposition answers, and open court statements to the trial court during the plea in abatement hearing are judicial admissions because (1) they were “made during the course of a judicial proceeding,” (2) they were contrary to an essential fact asserted by the appellant, (3) they were “deliberate, clear, and unequivocal,” (4) the conclusive effect is consistent with public policy, Catherman, 796 S.W.2d at 302 , and (5) they were judicial admissions relating to a fact upon which a summary judgment in favor of appel-lees may be based.

1995Appellant's pleadings, sworn response to the plea in abatement, deposition answers, and open court statements to the trial court during the plea in abatement hearing are judicial admissions because (1) they were "made during the course of a judicial proceeding," (2) they were contrary to an essential fact asserted by the appellant, (3) they were "deliberate, clear, and unequivocal," (4) the conclusive effect is consistent with public policy, Catherman, 796 S.W.2d at 302 , and (5) they were judicial admissions relating to a fact upon which a summary judgment in favor of appellees may be based.