merits-based challenge (Texas) · Go Syfert
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merits-based challenge in Texas

6 Texas opinions name it 3 courts 1994–2025 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.

Followed or applied (4)

CaseFollowedCited
Thomas v. Cookgreen
texapp · 2011 · cited in 2 Texas opinions naming this issue, 2016–2025
2 sentences

2025See, e.g., Thomas v. Cook, 350 S.W.3d 382, 393 (Tex. App.—Houston [14th Dist.] 2011, pet. denied) (holding that appellant’s contention that arbitration award should be vacated because 6 In fact, Brooks states in her reply brief that resolution of this issue “turns on what ‘recovered’ means.” And, she contends, because the evidence reflects that Kirkendall Dwyer made no recovery, a condition precedent to its breach-of-contract claim was not met. 14 arbitrator improperly interpreted parties’ contract focused on merits of parties’ contractual dispute and therefore provided no basis for vacatur un

2016See, e.g., Eddleman v. Ocker, No. 13-15-00217-CV, 2016 WL 1732428 , at *7 (Tex. App.-Corpus Christi Apr. 28, 2016, no pet.) (mem. op.) (arguments attacking legal merits of arbitrator’s decision “even if valid, do not constitute grounds to vacate or avoid confirmation of an arbitration award” (TAA)); Thomas v. Cook, 350 S.W.3d 382, 393 (Tex. App.-Houston [14th Dist.] 2011, pet. denied) (challenge to arbitrator’s resolution as to the merits of parties’ contractual dispute is not proper basis for vacatur (FAA)).

22
In Re Emergency Consultants, Inc.green
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023East, 476 S.W.3d at 67 (citing Emergency Consultants, 292 S.W.3d at 79 (noting that requiring a Rule 202 petitioner to plead a viable claim “would eviscerate the investigatory purpose of Rule 202”)).

11
Mission Consolidated Independent School District v. Garciagreen
tex · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Garcia, 372 S.W.3d at 634-38 (holding that Page 8 elements of plaintiff’s prima facie case for age discrimination were jurisdictional and thus merits-based inquiry was necessary in plea to jurisdiction based on immunity); Lueck, 290 S.W.3d at 881 (finding factual inquiry into whether plaintiff could establish elements of his whistleblower claim was necessary to resolve whether plaintiff had alleged violation of Whistleblower Act and thus a waiver immunity).

11
State v. Lueckgreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Garcia, 372 S.W.3d at 634-38 (holding that Page 8 elements of plaintiff’s prima facie case for age discrimination were jurisdictional and thus merits-based inquiry was necessary in plea to jurisdiction based on immunity); Lueck, 290 S.W.3d at 881 (finding factual inquiry into whether plaintiff could establish elements of his whistleblower claim was necessary to resolve whether plaintiff had alleged violation of Whistleblower Act and thus a waiver immunity).

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 (3)

CaseCitedYears
in Re Mike East, Alice East, Lisa East and Alejandro Urias green
texapp · 2014
1 sentence

2023East, 476 S.W.3d at 67 (citing Emergency Consultants, 292 S.W.3d at 79 (noting that requiring a Rule 202 petitioner to plead a viable claim “would eviscerate the investigatory purpose of Rule 202”)).

12023–2023
Lewis v. Funderburk Ex Rel. Funderburk green
tex · 2008
1 sentence

2008Accordingly, I concur with the Court’s judgment and look forward to the case that provides the Court a clean opportunity to resolve the question reserved in Ogle-tree. . 253 S.W.3d 204 (Tex.2007) (Willett, J„ concurring). .

12008–2008
Davis v. State green
texapp · 1989
1 sentence

1994Rule 40(b)(1) permits an appeal challenging the sufficiency of the evidence to support a conviction following a negotiated plea of nolo contendere is presently pending on discretionary review of Davis v. State, 773 S.W.2d 404 (Tex.App. — Fort Worth 1989, pet. granted); remarking that it believed that “the most judicially prudent and economic course of action" was to consider the merits of Appellant’s appellate challenge of this type; and ultimately granting Appellant relief on the merits based on its analysis of the merits of Appellant’s complaint, the Court of Appeals has erred by, at least i

11994–1994

Where else courts name it

PA 11 (2017–2026) TX 6 (1994–2025) IL 3 (2020–2025)

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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