lack of an evidentiary hearing (Texas) · Go Syfert
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lack of an evidentiary hearing in Texas

8 Texas opinions name it 1 courts 2008–2021 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
D Design Holdings, L.P. v. MMP Corp.green
texapp · 2011 · cited in 3 Texas opinions naming this issue, 2011–2019
2 sentences

2019See D Design Holdings, 339 S.W.3d at 204 (failure to object to lack of required evidentiary hearing waived claim for sanctions).

2011See D Design Holdings, L.P., 339 S.W.3d at 204 ; Dugas, 2004 WL 438598 , at *3.

33
Alejandro v. Bellgreen
texapp · 2002 · cited in 3 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Alejandro v. Bell, 84 S.W.3d 383, 392-93 (Tex.App.-Corpus Christi 2002, no pet.).

2008See Alejandro v. Bell, 84 S.W.3d 383, 392-93 (Tex.App.-Corpus Christi 2002, no pet.).

33
Kaufmann v. Moralesgreen
texapp · 2002 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Ron v. Ron, 604 S.W.3d 559 , 577 & n.22 (Tex. App.—Houston [14th Dist.] 2020, no pet.) (noting that a party “does not waive its complaint to an overly broad temporary injunction at the temporary injunction hearing” by not raising the argument in the trial court (quoting Kaufmann v. Morales, 93 S.W.3d 650 , 655 n.2 (Tex. App.—Houston [14th Dist.] 2002, no pet.))). 6 to the injunction” could not complain on appeal about the lack of an evidentiary hearing for an anti-suit injunction.

11
Alejandro v. Robstown Independent School Districtgreen
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Tetra Tech bore the burden of establishing its entitlement to sanctions under rule 13; that burden required Tetra Tech to come 5 No. 02-07-00327-CV, 2007 WL 3205185 , at *5 (Tex. App.—Fort Worth Oct. 30, 2007, orig. proceeding) (mem. op.) (holding that trial court abused its discretion by awarding sanctions under rule 13 because trial court failed to hold an evidentiary hearing); see also Alejandro, 131 S.W.3d at 669 (holding that trial court abused its discretion by assessing rule 13 sanctions because appellees presented evidence only on the amount of costs and attorneys’ fees at the sanction

11
Texas-Ohio Gas, Inc. v. Mecomgreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Mecom, 28 S.W.3d at 139-40 (admissions and letter were not in the record at the time the trial court entered order so not properly considered to show bad faith and to support sanctions). [11] The majority's opinion is simply incorrect that "Robson did not raise the lack of an evidentiary hearing as a point of error on appeal." Robson's third issue on appeal directly raises the lack of evidence to support sanctions: "The trial court erred in granting Appellee's Motion for Sanctions on the ground that Appellee offered no evidence of bad faith or that the claim complained of was brought for t

11

Distinguished, questioned or overruled (0)

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

Where else courts name it

TX 8 (2008–2021) OH 6 (2005–2019) FL 6 (1999–2024) UT 5 (2013–2017) IN 4 (2009–2019) IL 4 (2015–2025) CA 4 (2013–2015) TN 3 (2000–2019) MN 2 (1996–2014) RI 2 (2012–2016) MI 2 (2019–2025) AZ 2 (2020–2024) AL 2 (2007–2023)

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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