Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
Reliant Pro Rehab, LLC., Touchstone Communities, Inc., Touchstone Strategies - NW Houston, LLC., Touchstone Realty - NW Houston, LLC, Liberty County H2026-06-16
…motion to compel arbitration for abuse of discretion. Henry, 551 S.W.3d at 115. A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner or without reference to guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). Under this standard, we defer to the trial court on factual determinations supported by the evidence and review legal determinations de novo. Henry, 551 S.W.3d at 115. Gateway matters, such as whether a valid arbitration agreement exists and whether an arbitration agreement can be enforced by a non-signatory, are ques…
Francis Landry and Tamarra L. Landry v. John T. Unger2026-06-11
…razos Valley Roadrunners, LLC v. Herrera, 708 S.W.3d 289, 293 (Tex. App.—Waco 2025, no pet.). The test for abuse of discretion is whether the trial court acted without reference to any guiding rules and principles. See Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241– 42 (Tex. 1985). A trial court does not abuse its discretion if some evidence Francis and Tamarra L. Landry v. John T. Unger Page 25 reasonably supports the trial court’s decision. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 211 (Tex. 2002). “When reviewing a trial court’s award of attorneys’ fees,…
Hicks Airfield Pilots Association v. Barbara Ann Brunson, Kevin Brunson, Rio Concho Aviation, Inc., Southlake Hospitality, Inc. D/B/A Wing It Café!, a2026-06-11
…54, 542 (Tex. App.—Houston [1st Dist.] 2023, pet. denied) (op. on reh’g). A trial court abuses its discretion when it acts in an arbitrary or unreasonable manner or without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). When a trial court grants a permanent injunction that is not supported by the pleadings or the evidence, the trial court abuses its discretion. Gilbreath, 682 S.W.3d at 543 (citing Webb v. Glennbrook Owners Ass’n, Inc., 298 S.W.3d 374, 391 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g)). On the other hand, there is n…
Christopher M. Perricone v. Katie Beth Perricone2026-06-04
…et.). An abuse of discretion occurs when the trial court acts and reaches a decision arbitrarily, unreasonably, or without reference to any guiding rules or principles. Bocquet v. Herring, 972 S.W.2d 19, 21 (Tex. 1998); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). There is no abuse of discretion if some evidence reasonably supports the trial court’s decision or its decision is based on conflicting evidence. Butnaru v. Ford Motor Co., 84 S.W.3d 198, 211 (Tex. 2002). III. Analysis Appellant raises several issues, some of which mirror others, in w…
Reginald Allen v. Bell Textron Inc2026-06-04
…1, 838 (Tex. App.—Dallas 2008, no pet.). A trial court abuses its discretion if its action is arbitrary, unreasonable, and without reference to any guiding rules or principles. Connolly, 257 S.W.3d at 838 (first citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985); and then citing Adams v. First Nat’l Bank of Bells/Savoy, 154 S.W.3d 859, 876 (Tex. App.—Dallas 2005, no pet.)). 2. Analysis Allen contends that the trial court abused its discretion in two ways when ruling on Bell’s special exceptions: first by sustaining them at all and second by narrowing the scope of h…
Othalon Shaw v. Omowunmi Shaw2026-06-04
…dence if it acts without reference to any guiding rules and principles or if the act complained of is arbitrary and unreasonable. Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682, 687 (Tex. 2002) (op. on reh’g); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). To obtain reversal of a judgment based on the erroneous admission or exclusion of evidence, an appellant must show not only that the trial court’s ruling was in error but also that the error probably caused the rendition of an improper judgment. Tex. R. App. P. 44.1(a)(1); Tex. Dep’t of Transp. v. Able, 35 S.W.3…
Brennan Short v. Jamie Short2026-06-03
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Joseph Mugisha v. Brianna McLeod2026-05-29
…1993). A trial court abuses its discretion 8 when it acts arbitrarily or unreasonably, without reference to guiding rules or principles. See Worford, 801 S.W.2d at 109; Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). A trial court also abuses its discretion by failing to analyze or apply the law correctly. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Under this abuse-of-discretion standard as applied here, legal and factual sufficiency are not independent grounds of error but are relevant factors in assessing w…
African American Historic Preservation Committee, Inc. v. State of Texas and City of Texas City2026-05-28
…Owens–Corning Fiberglass Corp. v. Malone, 972 S.W.2d 35, 43 (Tex. 1998). A trial court abuses its discretion if it acts without reference to any guiding rules or principles or its decision is arbitrary or unreasonable. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). When reviewing matters committed to the trial court’s discretion, we may not substitute our judgment for that of the trial court. See Bowie Mem’l Hosp. v. Wright, 79 S.W.3d 48, 52 (Tex. 2002). And we must “uphold the trial court’s evidentiary ruling if there is any legitimate basis for the ruling.” Owens–Corn…
Abelardo G. Gonzalez v. Nelson S. Ebaugh2026-05-28
…iling requirements for an abuse of discretion. See Douglas, 333 S.W.3d at 282–83. A trial court abuses its discretion when its decision is arbitrary, unreasonable, or without reference to any guiding rules or principles. Downer v. Aquamarine OperatorsInc., 701 S.W.2d 238, 241–42 (Tex. 1985). Chapter 11 of the Texas Civil Practice and Remedies Code establishes criteria for finding that a plaintiff is a vexatious litigant. TEX. CIV. PRAC. & REM. CODE § 11.054. A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plainti…
Jacqueline Morales v. Evan Lowenberg2026-05-28
…ntas, 925 S.W.2d at 659; Staley v. Herblin, 188 S.W.3d 334, 336 (Tex. App.—Dallas 2006, pet. denied). The test for abuse of discretion is whether the trial court acted without reference to guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). A trial judge has no discretion in determining what the law is or in applying the law to the facts of a case. Staley, 188 S.W.3d at 336. In applying this standard, we defer to the trial court’s factual determinations so long as they are properly supported by the record, and we review legal determinations made by the tri…
Maria Martinez v. Mario Antonio Perez Batres2026-05-22
…he trial court’s division only when the trial court abuses its discretion. Id. A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). If a court of appeals finds reversible error that materially affects the trial court’s “just and right” division of property, then it must remand the entire community estate for a new division of the property. Jacobs v. Jacobs, 687 S.W.2d 731, 733 (Tex. 1985). 6…
Sapramjeet Singh v. Tanweer Ahmed and Sarwat Ahmed2026-05-21
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
In the Interest of G.S.S. and S.D.S., Children v. the State of Texas2026-05-14
…; G.S., 2014 WL 4699480, at *19–21. A trial court abuses its discretion if it acts without reference to any guiding rules or principles or in an arbitrary and unreasonable manner. C.D.S., 172 S.W.3d at 184 (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). “In determining whether a trial court abused its discretion, a reviewing court is generally bound by the record before the trial court at the time its decision was made.” In re M-I L.L.C., 505 S.W.3d 569, 574 (Tex. 2016) (orig. proceeding). The Department does not dispute that Appellant “respond[ed] in opposition to…
Granite Construction Company and RPM xConstruction, LLC v. Upper Trinity Regional Water District2026-05-14
…ted by evidence but review its legal determinations de novo. Henry, 551 S.W.3d at 115. A trial court abuses its discretion if it acts arbitrarily, unreasonably, or without reference to any guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985); Kirby, 2025 WL 1006283, at *2. b. Applicable Legal Principles2 A party seeking to compel arbitration must establish the existence of a valid arbitration agreement and that the claims at issue fall within the scope of that agreement. Venture Cotton Coop. v. Freeman, 435 S.W.3d 222, 227 (Tex. 2014). Whet…
Andrew Schatte and Annette Schatte v. the Trapp Trust Lou Taylor, Trustee2026-05-14
…nably or misapplying the law to the established facts of the case. Triantaphyllis v. Gamble, 93 S.W.3d 398, 402 (Tex. App.—Houston [14th Dist.] 7 2002, pet. denied) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). B. No bright-line rule compels injunctive relief The Schattes first propose a rule that, absent waiver or changed conditions, a trial court must grant injunctive relief regarding the violation of a properly recorded deed restriction that gives rise to a presumption the violator had notice of the restriction…
Nomeli Nunez v. Kathleen Diane Nichols2026-04-30
…0). A court abuses its discretion when it acts arbitrarily or 2 unreasonably or without reference to any guiding rules or principles Worford, 801 S.W.2d at 109; Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985). To determine whether the trial court abused its discretion because the evidence is legally or factually insufficient to support its decision, we consider whether the trial court (1) had sufficient evidence upon which to exercise its discretion and (2) erred in its application of that discretion. Thompson…
In Re the Villas of Mount Pleasant, LLC v. the State of Texas2026-04-22
…n so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.” Franklin v. Benton-Elam, No. 06-13-00126-CV, 2014 WL 1722165, at *7 (Tex. App.—Texarkana Apr. 30, 2014, no pet.) (mem. op.) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). “Absent an extraordinary circumstance, ‘a denial of a motion to dismiss . . . is a ruling incident to the ordinary trial process which will not be corrected by mandamus, but by the legal remedy of the ordinary appellate process.’” In re Crawford, 560 S.W.3d 357, 363 (Tex. App.— Texarkana 2018, orig. proceed…
Texas Global Equity Fund XII, LLC v. Breckenridge Development 2019, LLC2026-04-17
…ee’s brief. 6 2014, no pet.). A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). A trial court has no discretion in determining what the law is or applying the law to the facts, and a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion. Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992). Thus, an abuse of discretion occurs when either (1) the…
In the Matter of the Marriage of Chukwuemeka Carl Runyon and Bianca Bazile Runyon and in the Interest of C.R., a Child v. the State of Texas2026-04-16
…A trial court abuses its discretion if it acts arbitrarily and unreasonably or without reference to any guiding principles. Downer v. Aquamarine In re Marriage of Runyon Page 2 Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985). In determining whether the trial court abused its discretion, we engage in a two-pronged inquiry: (1) whether the trial court had sufficient evidence upon which to exercise its discretion, and (2) whether the trial court erred in its application of that discretion. Boyd v. Boyd, 131 S.W.3d 605, 611 (Tex. App.—Fort Wort…
In Re Heather Zermeno, Relator v. the State of Texas2026-04-16
…0–44 (Tex. 1992) (orig. proceeding). To establish an abuse of discretion, the complaining party must demonstrate the trial court acted unreasonably, arbitrarily, or without reference to any guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). While this standard usually applies to the trial court’s failure to perform a ministerial duty, an incorrect construction of the law or a misapplication of the law to undisputed facts is an abuse of 6 discretion which can be addressed by mandamus. Walker, 827 S.W.2d at 840.…
U.S. Bank National Association, as Trustee for RMTP Trust Series 2021 Cottage-TT-V v. Business Unlimited 27, LLC2026-04-16
…t substitute our judgment in place of the trial court’s. Just because we disagree with the decision or would have decided it differently under the same circumstances does not mean that an abuse of discretion has occurred. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). Rather, the test is “whether the court acted without reference to any guiding rules and principles.” Id. 8 [the record] supports the denial based on a failure to satisfy any of the three Craddock elements.” Century Sports Wears, Inc. v. Wallis Bank, No. 02-20-00201-CV, 2021 W…
George Sheehan v. Pamela Sheehan2026-04-16
…p.—Eastland 2019, no pet.). “The test for abuse of discretion is whether the trial court acted in an arbitrary and unreasonable manner or whether it acted without reference to any guiding rules or principles.” Id. (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). A final, unambiguous divorce decree that disposes of all marital property bars relitigation. S.C. v. M.B., 650 S.W.3d 428, 441 (Tex. 2022); Pearson v. Fillingim, 332 S.W.3d 361, 363 (Tex. 2011) (per curiam). In other words, a party may not collaterally attack a divorce decree by seeking an order that alters or modif…
Artis Charles Harrell v. Branch Johnson Brinson2026-03-31
…, 196 S.W.3d 876, 879 (Tex. App.—Houston [1st Dist.] 2006, no pet.). The test for an abuse of discretion is whether the court acted arbitrarily or unreasonably and without reference to any guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985). B. Section 11.054 – Criteria for Finding Plaintiff to be a Vexatious Litigant The vexatious-litigant statute provides that, on or before the 90th day after the date that a defendant files an original answer, the defendant may move the court for an order that determines whether the plaintiff is a vexatious liti…
Michelle M. Buerger v. Billy Long2026-03-27
…es its discretion when it acts in an arbitrary and unreasonable manner, or when it acts without reference to any guiding principles.” Johnson v. Hawkins, 255 S.W.3d 394, 397 (Tex. App.—Dallas 2008, pet. denied) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). III. Analysis Buerger’s pro se brief admits that Long has never been served with the 2020 petition. Even so, she argues that the trial court erred by dismissing her case because she “relied on the 1 Although not a point of error, Buerger questions whether the dismissal was with or without prejudice. Becaus…
Michelle M. Buerger v. Brenda L. Gibson, Larry C. Gibson, Paris Housing Authority, Nancy (Jennifer) Winton, L.C.S., ABC, DEF, and XYZ2026-03-27
…es its discretion when it acts in an arbitrary and unreasonable manner, or when it acts without reference to any guiding principles.” Johnson v. Hawkins, 255 S.W.3d 394, 397 (Tex. App.—Dallas 2008, pet. denied) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241–42 (Tex. 1985)). III. Analysis Buerger’s pro se brief admits that no one was served with her petition. Even so, she argues that the trial court erred by dismissing her case because the trial court gave her a “prior 1 Although not a point of error, Buerger questions whether the dismissal was with or without prejudice. Becau…