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6 Texas opinions name it 1 courts 2008–2024 2 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 |
|---|---|---|
In Re PDDgreen2 sentences2022“The doctrine of trial by consent is not intended to establish a general rule of practice and should be applied with care; it should never be applied in a doubtful situation.” In re A.V., 2015 WL 1957093 , at *4 n.8 (quoting In re P.D.D., 256 S.W.3d 834, 841 (Tex. App.—Texarkana 2008, no pet.)) (finding that trial court was without jurisdiction to terminate Father’s parental rights even though Department sought to terminate Mother’s parental rights and listed the alleged father as “unknown”); see In re A.B.H., 266 S.W.3d at 600. 2015“The doctrine of trial by consent is not intended to establish a general rule of practice and should be applied with care; it should never be applied in a doubtful situation.” In re P.D.D., 256 S.W.3d 834, 841 (Tex. App.— Texarkana 2008, no pet.). 7 same mandatory statute nor are they of the same constitutional dimension as the issues present in the case before us.” Id. | 2 | 2 |
In Re ABHgreen2 sentences2024“To determine whether an issue was tried by consent, the court must examine the record not for evidence of the issue, but rather for evidence of trial of the issue.” Id. (quoting In re A.B.H., 266 S.W.3d at 600 (citing RE/MAX of Tex., Inc., 961 S.W.2d at 328 )). 2022“The doctrine of trial by consent is not intended to establish a general rule of practice and should be applied with care; it should never be applied in a doubtful situation.” In re A.V., 2015 WL 1957093 , at *4 n.8 (quoting In re P.D.D., 256 S.W.3d 834, 841 (Tex. App.—Texarkana 2008, no pet.)) (finding that trial court was without jurisdiction to terminate Father’s parental rights even though Department sought to terminate Mother’s parental rights and listed the alleged father as “unknown”); see In re A.B.H., 266 S.W.3d at 600. | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stephanz v. Laird
green
2 sentences2008Stephanz, 846 S.W.2d at 901 . 2008Stephanz, 846 S.W.2d at 901 . | 3 | 2008–2008 |
RE/Max of Texas, Inc. v. Katar Corp.
green
1 sentence2024“To determine whether an issue was tried by consent, the court must examine the record not for evidence of the issue, but rather for evidence of trial of the issue.” Id. (quoting In re A.B.H., 266 S.W.3d at 600 (citing RE/MAX of Tex., Inc., 961 S.W.2d at 328 )). | 1 | 2024–2024 |
Re/Max of Texas, Inc. v. Katar Corp.
green
1 sentence2024“The doctrine of trial by consent is not intended to establish a general rule of practice and should be applied with care; it should never be applied in a doubtful situation.” Id. (quoting In re A.V., 2015 WL 1957093 , at *4 n.8). | 1 | 2024–2024 |
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.