Court Rulings

The petitioner, who had previously pleaded guilty to possession of a weapon or dangerous instrument in a correctional institution, appealed, following the denial of his petition for certification to appeal from the judgment of the habeas court dismissing his second amended petition for a writ of habeas corpus. The petitioner claimed, inter alia, that the court improperly dismissed his habeas petition, which claimed that a prior habeas court had improperly denied his application for the appointment of counsel on appeal. Held: The habeas court did not abuse its discretion in denying the petition for certification to appeal, as the resolution of the petitioner's claim did not involve issues that are debatable among jurists of reason, that a court could resolve in a different manner, or that were adequate to deserve encourage- ment to proceed further. The habeas court properly dismissed the habeas petition pursuant to the rule of practice (§ 23-29 (2)) for failure to state a claim on which habeas corpus relief could be granted, as the petitioner's claim asking the second habeas court to review and address the validity and legal soundness of a prior habeas court's decision to deny the petitioner's request to appoint counsel on appeal was beyond the power and authority of the second habeas court, and the proper procedural vehicle to have challenged the first habeas court's determination should have been by a motion for review pursuant to the rule of practice (§ 63-7). Argued September 15—officially released December 9, 2025

The Court addresses whether the Texas Legislature's amount-in-controversy threshold reduction gives the Texas Business Court jurisdiction to hear a previously remanded action and whether the subsequent removal of the action was proper and timely. The Court examines the statutory construction of House Bill 40 and determines removal was both proper and timely under Texas Government Code 25A.006(f). Granting Plaintiffs' motion for summary judgment against defendants' counterclaims for declaratory relief because each requested declaration either duplicates issues already joined by the pleadings or seeks relief beyond this Court's jurisdiction. Granting Defendant/Counter-Plaintiff/Third-Party Plaintiff TMC's Traditional Motion for Partial Summary Judgment on Termination against Plaintiff/Counter-Defendant City Choice. Although City Choice's termination notice was clear and unequivocal; its tender of its termination notice was not the exercise or acceptance of an option, and is therefore, not subject to the "strict compliance" standard applicable to the exercise or acceptance of options; and it substantially complied with notice provisions in exercising its right to terminate, it estopped from obtaining specific performance of the contract it purported to terminate. Denying TMC's Motion for Summary Judgment Against Third Party Defendant City Select Title for Release of the Independent Consideration. TMC does not seek a simple declaration from this Court that TMC is entitled to receipt of the Independent Consideration at the execution of the final judgment in this case. Instead, TMC seeks the immediate (i.e., pre-judgment) release of the Independent Consideration. But it must instead comply with the statutory requirements for a writ of attachment. Granting in part and denying in part Defendants' motion to dismiss under Rule 91a because the pleadings fail to state a legally cognizable claim for breach of contract or for veil piercing, and the fraud claim is adequately plead

Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and commentary made by other employees were not racially based and did not materially disrupt plaintiff's work. As plaintiff's experiences amounted to no more than ordinary tribulations of the workplace, plaintiff's hostile work environment claims failed. For the same reasons, plaintiff failed to sustain his constructive discharge claim. Summary judgment was granted in favor of defendant pursuant to Civ.R. 56.