43 Texas opinions name it 3 courts 1980–2026 5 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 |
|---|---|---|
Cox v. Johnsongreen2 sentences2026“In light of the [the supreme court’s] strong policy considerations favoring preservation, [the supreme court has] called fundamental error ‘a discredited doctrine.’” Id. (quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982)). 2024Because of “strong policy considerations favoring preservation,” the supreme court has called fundamental error “a discredited doctrine.” In re B.L.D., 113 S.W.3d 340, 350 (Tex. 2003) (quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982)). | 19 | 22 |
In Re BLDgreen2 sentences2026“In light of the [the supreme court’s] strong policy considerations favoring preservation, [the supreme court has] called fundamental error ‘a discredited doctrine.’” Id. (quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982)). 2024Because of “strong policy considerations favoring preservation,” the supreme court has called fundamental error “a discredited doctrine.” In re B.L.D., 113 S.W.3d 340, 350 (Tex. 2003) (quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex. 1982)). | 6 | 27 |
American General Fire & Casualty Co. v. Weinberggreen2 sentences2018Co. v. Weinberg , 639 S.W.2d 688 , 689 (Tex. 1982), and "a discredited doctrine," B.L.D. , 113 S.W.3d at 350 (quoting Cox , 638 S.W.2d at 868 ). 2018Co. v. Weinberg, 639 S.W.2d 688, 689 (Tex. 1982), and “a discredited doctrine,” B.L.D., 113 S.W.3d at 350 (quoting Cox, 638 S.W.2d at 868 ). | 3 | 4 |
in the Interest of M.M.M. and S.H.M., Minor Childrengreen2 sentences2022“In light of the strong policy considerations favoring the preservation of error requirement, the Supreme Court of Texas has called the fundamental error doctrine ‘a discredited doctrine.’” In re M.M.M., 428 S.W.3d 389, 398 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (quoting In re B.L.D., 113 S.W.3d at 350 ). 2020“In light of the strong policy considerations favoring the preservation of error requirement, the Supreme Court 10 of Texas has called the fundamental error doctrine ‘a discredited doctrine.’” In re M.M.M., 428 S.W.3d 389, 398 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (quoting In re B.L.D., 113 S.W.3d at 350 ). | 2 | 2 |
Soto v. Phillips, Superintendent, Green Haven Correctional Facilitygreen2 sentences2016See In re B.L.D., 113 S.W.3d 340, 350 (Tex. 2003) (noting fundamental error is “a discredited doctrine” and should be used only in rare circumstances not present here), cert. denied, 541 U.S. 945 (2004); see also Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 577 (Tex. 2006) (defining fundamental error “as those instances in which error directly and adversely affects the interest of the public generally . . . or instances in which the record affirmatively and conclusively shows that the court rendering the judgment was without jurisdiction of the subject matter”). 10 matter-of-law issues directed 2006Dossey v. Tex. Dep't of Protective & Reg. Servs., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) ( B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. | 1 | 3 |
Pirtle v. Gregorygreen2 sentences2005Fundamental error exists only “in those rare instances in which the record shows the court lacked jurisdiction or that the public interest is directly and adversely affected as that interest is declared in the statutes or the Constitution of Texas.” Pirtle v. Gregory , 629 S.W.2d 919, 920 (Tex. 1982) (per curiam). 1982See American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688 , 25 Tex.Sup.Ct.J. 405 (1982); Texas Industrial Traffic League v. Railroad Commission of Texas, 633 S.W.2d 821 (Tex.1982); Buckholts Ind. School Dist. v. Glaser, 632 S.W.2d 146 (Tex.1982); Pirtle v. Gregory, 629 S.W.2d 919 (Tex.1982); Greater Fort Worth & Tarrant County Community Action Agency v. Mims, 627 S.W.2d 149 (Tex.1982); Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104 (Tex.1981); Hooks v. Texas Dept. | 1 | 2 |
MacK Trucks, Inc. v. Tamezgreen1 sentence2016See In re B.L.D., 113 S.W.3d 340, 350 (Tex. 2003) (noting fundamental error is “a discredited doctrine” and should be used only in rare circumstances not present here), cert. denied, 541 U.S. 945 (2004); see also Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 577 (Tex. 2006) (defining fundamental error “as those instances in which error directly and adversely affects the interest of the public generally . . . or instances in which the record affirmatively and conclusively shows that the court rendering the judgment was without jurisdiction of the subject matter”). 10 matter-of-law issues directed | 1 | 1 |
Goodson v. Castellanosgreen1 sentence2015To the extent that any doctrine of fundamental error continues, it has no bearing on Appellants’ Motion. [D]ue to the policy concerns favoring preservation of error during trial or during appeal, the fundamental error doctrine is a discredited doctrine that is used in rare circumstances only.” Goodson v. Castellanos, 214 S.W.3d 741, 750 (Tex. App.—Austin 2007, pet. denied). | 1 | 1 |
Normand v. Stategreen1 sentence2007See Normand, 686 S.W.2d at 278 ; Coffey, 979 S.W.2d at 328 . | 1 | 1 |
Haney v. Purcell Co., Inc.green1 sentence1996Haney v. Purcell Co., 796 S.W.2d 782, 787 (Tex.App.—Houston [1st Dist.] 1990, writ denied). | 1 | 1 |
Scott v. Liebmangreen1 sentence1993See TEX.R.APP.P. 80; Scott v. Liebman, 404 S.W.2d 288, 294 (Tex.1966). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Pena v. Stategreen2 sentences2006Dossey v. Tex. Dep’t of Protective & Reg. Seros., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) (B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. 2006Dossey v. Tex. Dep't of Protective & Reg. Servs., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) ( B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. | 2 | 2 |
| Case | Cited | Years |
|---|---|---|
Texas Industrial Traffic League v. Railroad Commission of Texas
green
2 sentences2015Traffic League v. Railroad Comm'n, 633 S.W.2d 821 (Tex.1982), as one of the cases showing that “[f]undamental or unassigned error is a discredited doctrine” as applied to these collateral defect-in-party type claims. 2015Traffic League v. Railroad Comm'n, 633 S.W.2d 821 (Tex.1982), as one of the cases showing that “[f]undamental or unassigned error is a discredited doctrine” as applied to these collateral defect-in-party type claims. | 4 | 1982–2015 |
St. Paul Mercury Insurance Co. v. Tri-State Cattle Feeders, Inc.
green
1 sentence2018Co. v. Weinberg , 639 S.W.2d 688 , 689 (Tex. 1982), and "a discredited doctrine," B.L.D. , 113 S.W.3d at 350 (quoting Cox , 638 S.W.2d at 868 ). | 1 | 2018–2018 |
Coffey v. State
green
1 sentence2007See Normand, 686 S.W.2d at 278 ; Coffey, 979 S.W.2d at 328 . | 1 | 2007–2007 |
McMahon v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
green
2 sentences2006Dossey v. Tex. Dep’t of Protective & Reg. Seros., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) (B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. 2006Dossey v. Tex. Dep't of Protective & Reg. Servs., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) ( B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. | 1 | 2006–2006 |
Rason v. Elggren
green
2 sentences2006Dossey v. Tex. Dep’t of Protective & Reg. Seros., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) (B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. 2006Dossey v. Tex. Dep't of Protective & Reg. Servs., 541 U.S. 945 , 124 S.Ct. 1674 , 158 L.Ed.2d 371 (2004) ( B.L.D. quoting Cox v. Johnson, 638 S.W.2d 867, 868 (Tex.1982) (per curiam)) (internal citations omitted); but see Pena v. State, 191 S.W.3d 133, 136 (Tex.Crim. | 1 | 2006–2006 |
Buckholts Independent School District v. Glaser
green
1 sentence1982See American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688 , 25 Tex.Sup.Ct.J. 405 (1982); Texas Industrial Traffic League v. Railroad Commission of Texas, 633 S.W.2d 821 (Tex.1982); Buckholts Ind. School Dist. v. Glaser, 632 S.W.2d 146 (Tex.1982); Pirtle v. Gregory, 629 S.W.2d 919 (Tex.1982); Greater Fort Worth & Tarrant County Community Action Agency v. Mims, 627 S.W.2d 149 (Tex.1982); Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104 (Tex.1981); Hooks v. Texas Dept. | 1 | 1982–1982 |
Vondy v. Commissioners Court of Uvalde County
green
1 sentence1982See American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688 , 25 Tex.Sup.Ct.J. 405 (1982); Texas Industrial Traffic League v. Railroad Commission of Texas, 633 S.W.2d 821 (Tex.1982); Buckholts Ind. School Dist. v. Glaser, 632 S.W.2d 146 (Tex.1982); Pirtle v. Gregory, 629 S.W.2d 919 (Tex.1982); Greater Fort Worth & Tarrant County Community Action Agency v. Mims, 627 S.W.2d 149 (Tex.1982); Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104 (Tex.1981); Hooks v. Texas Dept. | 1 | 1982–1982 |
Greater Fort Worth & Tarrant County Community Action Agency v. Mims
green
1 sentence1982See American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688 , 25 Tex.Sup.Ct.J. 405 (1982); Texas Industrial Traffic League v. Railroad Commission of Texas, 633 S.W.2d 821 (Tex.1982); Buckholts Ind. School Dist. v. Glaser, 632 S.W.2d 146 (Tex.1982); Pirtle v. Gregory, 629 S.W.2d 919 (Tex.1982); Greater Fort Worth & Tarrant County Community Action Agency v. Mims, 627 S.W.2d 149 (Tex.1982); Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104 (Tex.1981); Hooks v. Texas Dept. | 1 | 1982–1982 |
Railroad Commission v. Houston Natural Gas Corp.
green
2 sentences1980That rate base is contrary to the fair value method that was approved in Railroad Commission v. Houston Natural Gas Corp., 155 Tex. 502 , 289 S.W.2d 559 (1956), prior to the adoption of the Public Utilities Regulatory Act, and it violates the statutory scheme for a fair return that is spelled out in sections 39, 40, and 41 of article 1446c. 1980That rate base is contrary to the fair value method that was approved in Railroad Commission v. Houston Natural Gas Corp., 155 Tex. 502 , 289 S.W.2d 559 (1956), prior to the adoption of the Public Utilities Regulatory Act, and it violates the statutory scheme for a fair return that is spelled out in sections 39, 40, and 41 of article 1446c. | 1 | 1980–1980 |
Railroad Commission v. Houston Natural Gas Corp.
green
2 sentences1980That rate base is contrary to the fair value method that was approved in Railroad Commission v. Houston Natural Gas Corp., 155 Tex. 502 , 289 S.W.2d 559 (1956), prior to the adoption of the Public Utilities Regulatory Act, and it violates the statutory scheme for a fair return that is spelled out in sections 39, 40, and 41 of article 1446c. 1980That rate base is contrary to the fair value method that was approved in Railroad Commission v. Houston Natural Gas Corp., 155 Tex. 502 , 289 S.W.2d 559 (1956), prior to the adoption of the Public Utilities Regulatory Act, and it violates the statutory scheme for a fair return that is spelled out in sections 39, 40, and 41 of article 1446c. | 1 | 1980–1980 |
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.