Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
46 Texas opinions name it 2 courts 1965–2025 8 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.
| Case | Followed | Cited |
|---|---|---|
Gardner v. Stategreen2 sentences2010See Gardner v. State, 306 S.W.3d 274, 305 (Tex. Crim. 2010See Gardner v. State, 306 S.W.3d 274, 305 (Tex. Crim. | 4 | 4 |
State v. Wood Oil Distributing, Inc.green2 sentences2007See State v. Wood Oil Distrib., Inc. , 751 S.W.2d 863, 865 (Tex. 1988). 2002See State v. Wood Oil Distrib., Inc., 751 S.W.2d 863, 865 (Tex.1988). | 4 | 4 |
Silbaugh v. Ramirezgreen2 sentences2008See id. 2008See id. | 2 | 2 |
Sanchez v. Walker County Department of Family & Children Servicesgreen2 sentences1978Serv., 237 Ga. 406 , 229 S.E.2d 66, 68 (1976), that the mandatory feature of the statute was satisfied by the setting of the hearing within ten days after filing the petition and that the procedural requirement of a hearing on that date may be waived. 1978Serv., 237 Ga. 406 , 229 S.E.2d 66, 68 (1976), that the mandatory feature of the statute was satisfied by the setting of the hearing within ten days after filing the petition and that the procedural requirement of a hearing on that date may be waived. | 2 | 2 |
LBL Oil Co. v. International Power Services, Inc.green2 sentences2024LBL Oil Co. v. Int’l Power Servs., Inc., 777 S.W.2d 390 , 390–91 (Tex. 1989) (per curiam) (citing Peralta v. Heights Med. 2023See In re Marriage of Villa, No. 05-12-00233-CV, 2013 WL 1838620 , at *2 (Tex. App.—Dallas Mar. 25, 2013, no pet.) (mem. op.) (citing LBL Oil Co. v. Int'l Power Servs., Inc., 777 S.W.2d 390, 391 (Tex. 1989) (per curiam); Bradford v. Bradford, 971 S.W.2d 595, 597 (Tex. App.—Dallas 1998, no pet.) (default judgment hearing constitutes a “trial setting” dispositive of the case)). | 1 | 3 |
South Dakota v. Oppermangreen2 sentences2010Bertine, 479 U.S. at 371 , 107 S.Ct. at 741 ; Opperman, 428 U.S. at 369 n. 4, 96 S.Ct. at 3097 (“In view of the noncriminal context of inventory searches, and the inapplicability in such a setting of the requirement of probable cause, courts have held and quite correctly that search warrants are not required, linked as the warrant requirement textually is to the probable-cause concept.”). 2010Bertine, 479 U.S. at 371 , 107 S.Ct. at 741 ; Opperman, 428 U.S. at 369 n. 4, 96 S.Ct. at 3097 (“In view of the noncriminal context of inventory searches, and the inapplicability in such a setting of the requirement of probable cause, courts have held and quite correctly that search warrants are not required, linked as the warrant requirement textually is to the probable-cause concept.”). | 1 | 2 |
Bradford v. Bradfordgreen1 sentence2023See In re Marriage of Villa, No. 05-12-00233-CV, 2013 WL 1838620 , at *2 (Tex. App.—Dallas Mar. 25, 2013, no pet.) (mem. op.) (citing LBL Oil Co. v. Int'l Power Servs., Inc., 777 S.W.2d 390, 391 (Tex. 1989) (per curiam); Bradford v. Bradford, 971 S.W.2d 595, 597 (Tex. App.—Dallas 1998, no pet.) (default judgment hearing constitutes a “trial setting” dispositive of the case)). | 1 | 1 |
Martin v. Martin, Martin & Richards, Inc.green1 sentence2023Critically, however, in Martin, the supreme court did not state that the setting of the hearing determines the date the response is due, as Appellees indicate, but that the date for the response is determined based on the date of the hearing itself. 989 S.W.2d at 359 (“The hearing date determines the time for response to the motion . . . .” (emphasis added)). | 1 | 1 |
In Re SLMgreen1 sentence2023“The setting and hearing of or continuing of pending motions are matters committed to the trial court’s discretion.” In re S.L.M., 97 S.W.3d 224, 230 (Tex. App.—Amarillo 2002, no pet.). | 1 | 1 |
Enriquez v. Livingstongreen1 sentence2022See Enriquez, 400 S.W.3d at 618–20. | 1 | 1 |
Platt v. Plattgreen1 sentence2019Cf. In re Marriage of Parker, 20 S.W.3d 812 , 818–19 (Tex. App.––Texarkana 2000, no pet.) (holding that defaulting party satisfied first Craddock element by showing that he received less than 45 days’ reasonable notice of trial under rule 245); Blanco v. Bolanos, 20 S.W.3d 809 , 811–12 (Tex. App.––El Paso 2000, no pet.) (reversing trial court’s post-answer default judgment in restricted appeal when face of record showed that Bolanos did not give Blanco the required 45 days’ notice of the trial setting under rule 245); Platt v. Platt, 991 S.W.2d 481, 484 (Tex. App.––Tyler 1999, no pet.) (revers | 1 | 1 |
Allstate Insurance Company v. Fleminggreen1 sentence2019Cf. In re Marriage of Parker, 20 S.W.3d 812 , 818–19 (Tex. App.––Texarkana 2000, no pet.) (holding that defaulting party satisfied first Craddock element by showing that he received less than 45 days’ reasonable notice of trial under rule 245); Blanco v. Bolanos, 20 S.W.3d 809 , 811–12 (Tex. App.––El Paso 2000, no pet.) (reversing trial court’s post-answer default judgment in restricted appeal when face of record showed that Bolanos did not give Blanco the required 45 days’ notice of the trial setting under rule 245); Platt v. Platt, 991 S.W.2d 481, 484 (Tex. App.––Tyler 1999, no pet.) (revers | 1 | 1 |
Winston Leon Hendricks v. Sharon Kaye (Berwick) Barker Individually and as the Independent of the Estate of James Luther Berwickgreen1 sentence2018Hendricks v. Barker, 523 S.W.3d 152, 157 (Tex. App.—Houston [14th Dist.] 2016, no pet.); Wilson v. Gen. | 1 | 1 |
Mabon Ltd. v. Afri-Carib Enterprises, Inc.green1 sentence2016Peridot argued that this violation conclusively established that its failure to appear at trial was not intentional or the result of conscious indifference, relying upon Mabon Ltd. v. Afri-Carib Enterprises, Inc., 369 S.W.3d 809, 812 (Tex. 2012) and cases cited therein for support, particularly Peralta Heights Med. | 1 | 1 |
O'Connell v. O'Connellgreen1 sentence2011O’Connell v. O’Connell, 843 S.W.2d 212, 215 (Tex. App.– Texarkana 1992, no writ). | 1 | 1 |
In Re ZLTgreen1 sentence2008See In re Z.L.T. , 124 S.W.3d 163, 165 (Tex. 2003) ("It is well-established that litigants cannot be denied access to the courts simply because they are inmates.") (citing Hudson v. Palmer , 468 U.S. 517, 523 , 104 S. Ct. 3194, 3198 (1984)). | 1 | 1 |
Hudson v. Palmergreen2 sentences2008See In re Z.L.T. , 124 S.W.3d 163, 165 (Tex. 2003) ("It is well-established that litigants cannot be denied access to the courts simply because they are inmates.") (citing Hudson v. Palmer , 468 U.S. 517, 523 , 104 S. Ct. 3194, 3198 (1984)). 2008See In re Z.L.T. , 124 S.W.3d 163, 165 (Tex. 2003) ("It is well-established that litigants cannot be denied access to the courts simply because they are inmates.") (citing Hudson v. Palmer , 468 U.S. 517, 523 , 104 S. Ct. 3194, 3198 (1984)). | 1 | 1 |
Stubbs v. Stubbsgreen1 sentence2004Because there was no hearing to be conducted, Thomas's participation was complete when he filed the petition. (3) See Stubbs v. Stubbs, 685 S.W.2d 643, 645 (Tex. 1985) ("[T]he extent of participation in the actual trial of the case ... is a matter of degree. | 1 | 1 |
Oestrick v. Stategreen2 sentences1997As this Court previously has stated, "the responsibility for obtaining a setting for such a hearing falls on the party seeking it, not on the trial judge." Oestrick v. State , 939 S.W.2d 232, 235 (Tex. App.--Austin 1997, pet. ref'd). 1997As this Court previously has stated, "the responsibility for obtaining a setting for such a hearing falls on the party seeking it, not on the trial judge." Oestrick v. State , 939 S.W.2d 232, 235 (Tex. App.--Austin 1997, pet. ref'd). | 1 | 1 |
Mancorp, Inc. v. Culpeppergreen1 sentence1995Vera v. State, 836 S.W.2d 844, 348 (Tex.App.-Amarillo 1992, no pet.). | 1 | 1 |
Vera v. Stategreen1 sentence1995Vera v. State, 836 S.W.2d 344, 348 (Tex.App.Amarillo 1992, no pet.). | 1 | 1 |
| State v. One (1) 1986 Nissan Automobile V.I.N. JN1HZ14S1GX162301green | 1 | 1 |
| Lopez v. Stategreen | 1 | 1 |
| Lynch v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burrus v. State
green
2 sentences2012Burrus, 266 S.W.3d at 115 . 2012Burrus , 266 S.W.3d at 115 . | 4 | 2009–2012 |
Stokes v. State
green
2 sentences2010Although there can be different ways to prove presentment, Stokes v. State, 277 S.W.3d at 24 , we find nothing in the record indicating the judge’s signature or notation on the motion or a proposed order, a docket sheet entry showing presentment, the setting of a hearing date, or some other appropriate notation. 2010Although there can be different ways to prove presentment, Stokes v. State, 277 S.W.3d at 24 , we find nothing in the record indicating the judge's signature or notation on the motion or a proposed order, a docket sheet entry showing presentment, the setting of a hearing date, or some other appropriate notation. | 4 | 2002–2010 |
Carranza v. State
green
2 sentences2022Id. at 146 . 2020Id. at 146 . | 3 | 2019–2022 |
Colorado v. Bertine
green
2 sentences2010Bertine, 479 U.S. at 371 , 107 S.Ct. at 741 ; Opperman, 428 U.S. at 369 n. 4, 96 S.Ct. at 3097 (“In view of the noncriminal context of inventory searches, and the inapplicability in such a setting of the requirement of probable cause, courts have held and quite correctly that search warrants are not required, linked as the warrant requirement textually is to the probable-cause concept.”). 2010Bertine, 479 U.S. at 371 , 107 S.Ct. at 741 ; Opperman, 428 U.S. at 369 n. 4, 96 S.Ct. at 3097 (“In view of the noncriminal context of inventory searches, and the inapplicability in such a setting of the requirement of probable cause, courts have held and quite correctly that search warrants are not required, linked as the warrant requirement textually is to the probable-cause concept.”). | 2 | 2010–2010 |
Richardson v. State
green
1 sentence2025Id. | 1 | 2025–2025 |
Blanco v. Bolanos
green
1 sentence2019Cf. In re Marriage of Parker, 20 S.W.3d 812 , 818–19 (Tex. App.––Texarkana 2000, no pet.) (holding that defaulting party satisfied first Craddock element by showing that he received less than 45 days’ reasonable notice of trial under rule 245); Blanco v. Bolanos, 20 S.W.3d 809 , 811–12 (Tex. App.––El Paso 2000, no pet.) (reversing trial court’s post-answer default judgment in restricted appeal when face of record showed that Bolanos did not give Blanco the required 45 days’ notice of the trial setting under rule 245); Platt v. Platt, 991 S.W.2d 481, 484 (Tex. App.––Tyler 1999, no pet.) (revers | 1 | 2019–2019 |
In Re the Marriage of Parker
green
1 sentence2019Cf. In re Marriage of Parker, 20 S.W.3d 812 , 818–19 (Tex. App.––Texarkana 2000, no pet.) (holding that defaulting party satisfied first Craddock element by showing that he received less than 45 days’ reasonable notice of trial under rule 245); Blanco v. Bolanos, 20 S.W.3d 809 , 811–12 (Tex. App.––El Paso 2000, no pet.) (reversing trial court’s post-answer default judgment in restricted appeal when face of record showed that Bolanos did not give Blanco the required 45 days’ notice of the trial setting under rule 245); Platt v. Platt, 991 S.W.2d 481, 484 (Tex. App.––Tyler 1999, no pet.) (revers | 1 | 2019–2019 |
Willis v. State
green
1 sentence2016App. 2013) (citing Willis, 121 S.W.3d at 403 ). 4 Although Appellee does not cite us to any authority and we have found none in which the setting of a hearing on a motion for new trial implied permission to file an out- of-time motion for new trial, we apply the same rationale applied in Willis to reach that conclusion. | 1 | 2016–2016 |
Hiatt v. State
green
1 sentence2012Hiatt, 319 S.W.3d at 123 . | 1 | 2012–2012 |
| Benavides v. State green | 1 | 1992–1992 |
| Prihoda v. Marek green | 1 | 1991–1991 |
| Pope v. Moore green | 1 | 1991–1991 |
| Petro-Chemical Transport, Inc. v. Carroll green | 1 | 1991–1991 |
| Meshell v. State green | 1 | 1990–1990 |
| Ex Parte Fennell green | 1 | 1973–1973 |
| Bobo v. State green | 1 | 1973–1973 |
| Loftus v. Beckmann green | 1 | 1965–1965 |
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.
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.