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Today Thursday 17 September 2026

Rule watch Rule 166a rewritten eff. 1 Mar 2026

Mechanism of the day Special appearance and the due order of pleading

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The catalog → Matters → Johnson & Farst v. Carnes

267th Judicial District Court, DeWitt County, Texas

Johnson & Farst v. Carnes

In short

A hunting lease dispute that ended on the evidentiary rules. The response contained no competent evidence, the exhibits were struck by separate order, and the grounds the response never reached were conceded. Judgment on the whole case in March 2026, now on appeal to the Thirteenth Court of Appeals.

Role. Counsel for plaintiff.

Fees. $19,394.12 in attorney's fees awarded.

What happened, in order

Motion	Summary judgment on the whole case, with each ground separately stated.
Response	Exhibits attached without a sponsoring affidavit; factual assertions made only in the body of the brief; several grounds not addressed at all.
Objections	Filed separately and set for the same hearing, identifying each exhibit and the defect.
March 2026	Exhibits struck by separate order. Affirmative defenses failed for want of proof. Unanswered grounds stood conceded. Judgment on the whole case, with $19,394.12 in attorney's fees.

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