While the Texas Supreme Court has recently reversed cases where intermediate courts have found briefing waiver, a succinct line from Brumley v. McDuff reminds of the general principle: “With the exception of fundamental errors, a court of appeals must not reverse a trial court’s judgment in the absence of properly assigned error.” No. 19-0365 (Feb. 5, 2021) (footnotes omitted).
The Texas Supreme Court continues to rule rapidly in key election-law proceedings, yesterday granting an interim stay in the Harris County litigation about mailing absentee-ballot applications, as well as ordering the restoration of certain Green Party candidates to the ballot.
The appellant in In re C.W. challenged two grounds for the termination of her parental rights; the court of appeals affirmed the judgment based on one of those grounds. The Texas Supreme Court reversed and remanded for further consideration of the second ground, as it had independent significance as a “finding which can affect her parental rights to other children . . . .” No. 18-1034 (Oct. 18, 2019) (per curiam).
