Lawyers, Answer Questions  & Get Points Log In
Texas Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Sep 25, 2023

The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Texas on
Q: My boyfriend suffered the loss of a testicle due to jail not sending him to emergency room. Can we sue

He has been commuting an undisclosed location for 3 months to regain competentcy. No hearing on his mental state until 11/24/23. They will not tell anyone where he is. He has said me and his mother could get info on last case it's on file with court

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023

In situations involving medical negligence or deliberate indifference to a serious medical need while in custody, there might be a potential for legal action based on a violation of the individual's constitutional rights. Specifically, the Eighth Amendment of the U.S. Constitution prohibits... View More

1 Answer | Asked in Civil Litigation, Car Accidents and Personal Injury for Texas on
Q: Im not sure what type of lawyer I need

My truck was totaled by a door dash driver that fell asleep at the wheel. the trunk was not occupied, uninsured, and parked out side of my home. the driver is insured by USAA and they refused to pay due to her being on the clock with door dash and door dash with not contact me back. this incident... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

You need to promptly sue the driver and DoorDash. The driver's personal automobile liability insurance will not cover the damage because, as indicated, the driver was operating his vehicle for a commercial purpose at the time of the collision. However, DoorDash has a commercial motor vehicle... View More

2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2023

I would suggest putting your request or questions into writing and sending either e-mail or certified mail.

View More Answers

2 Answers | Asked in Child Custody, Family Law and Civil Litigation for Texas on
Q: I am in a custody case representing myself. The opp. Attrny. refuses to answer any call or email, what do I do?

I have not asked anything out of line or not pertaining to this case, and have asked no legal advice from them.

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

I agree with Ms. O'Neal but would add that you should limit your requests or questions to brief, relevant communications involving the case.

View More Answers

2 Answers | Asked in Civil Litigation, Health Care Law, Medical Malpractice and Personal Injury for Texas on
Q: Can a hospital be held liable for patient dumping in Corpus Christi Texas

On April 1st 2022 I was thrown out of Christi Spohn Hospital Shoreline because I couldn't keep myself off of the floor while there because I was bleeding internally and also had damage to my back. My wife then rushed me to Bay Area where I was given 7 units of blood products and treated for a... View More

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

Yes, a hospital can be held liable for patient dumping in Corpus Christi, Texas.

You will need to prove that you presented yourself to the emergency department for care and that the emergency refused to conduct a medical screening and/or refused to stabilize your condition because of your...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 23, 2023

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

a declaration of marriage has been signed; or the parties:

agreed to be married, and

after the agreement they cohabitated (lived) together, in Texas, as a married couple,...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 24, 2023

Alright, considering what you've shared and the nuances of the Texas Family Code, here's some general information:

Legally Married vs. Common-Law: If you were legally married to your ex when you began your relationship with your new girlfriend, then you couldn't have...
View More

View More Answers

3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023

This question is not specific enough for a yes or no answer but I would offer that you could not have been married to the girlfriend while still married to the ex wife. (I would be interested to know if you received the property in your divorce from her?) So even if a court found common law... View More

View More Answers

1 Answer | Asked in Civil Litigation and Estate Planning for Texas on
Q: I cant pay my civil judgment, can I get it reduced some how?

I have a civil Judgment that that wont go away with bankruptcy. I have no money, no income or assets. This person who sued me knows all of this but some how managed to get a large judgment of like $500,000 against me. I believe this person did this because they know I am set to get a large... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023

Hire a competent TX attorney to get advice on asset protection. There are numerous methods to protect most if not all that possible inheritance. A transfer to an off shore situs trust is the best method, but many simpler approaches may work for you. Texas has an excellent Homestead for... View More

1 Answer | Asked in Civil Litigation for Texas on
Q: Is the statue of limitation over with?

If an incident happens in October of 2022 and a Counterclaim 8/22/22 and then filed a nonsuit of the counterclaim on 10/11/22, signed by the Judge on 12/15/22 and then Reinstated the Counterclaim 6/7/23 would it still fall within the Statute Of Limitations?

John Michael Frick
John Michael Frick
answered on Aug 16, 2023

Most likely yes. Most claims in Texas are subject to a two- or four-year statute of limitations. There are a few that have only a one-year statute of limitations, and a few that have a longer statute of limitations. It would seem most likely that any claim arising from an incident that happened... View More

3 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

An "amended pleading" refers to a modified version of a legal document, such as a complaint or answer, that has been altered or updated after its initial filing. In the context of a lawsuit, parties can file an amended pleading to correct errors, add new claims or defenses, or respond to... View More

View More Answers

3 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 14, 2023

A Petition for a Judgment Nunc Pro Tunc is a court document that is filed when a party notices that there was a clerical error in the order that was signed. The party wants to get an order signed that corrects the clerical error. This filing cannot go back and change (or modify) a material issue in... View More

View More Answers

3 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 14, 2023

In Texas, when someone submits a document to the court to explain what they want or defend themselves, it's called a "pleading." Sometimes, after submitting the first document, they might need to change or add something. This changed document is called an "amended... View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Criminal Law and Civil Litigation for Texas on
Q: I was recently involved in an unlawful eviction & lost all my possessions during this. Who do I sue?

I was not a resident but was the one that they caught at home and made me leave with what I could carry and they threw out the rest. They wouldn't allow me to return to get my things. I have a lot of other details to include

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

There is a disconnect in your question. If you were not a resident, how were you evicted--lawfully or unlawfully. Why would you have more things in the premises than you could carry is you were not living there?

You may or may not have a valid claim, but ascertaining who may be legally...
View More

1 Answer | Asked in Civil Litigation and Civil Rights for Texas on
Q: What is the statutory limitation and code for a person to file a civil lawsuit in Arkansas?
John Michael Frick
John Michael Frick
answered on Aug 10, 2023

The statute of limitations for most civil claims in Arkansas is one-, three-, five-, or ten-years depending upon the substance of the civil claim.

You should consult an attorney experienced in the particular area of law encompassing your claim in or near the county where you intend to file...
View More

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Will my civil counter claim be thrown out for not citing statues or rules

We are looking for statutes or rules to reference in our Personal Civil Counter Claim (not a business case) but can not find the correct ones to cite.

Im looking for Assault, non recent childhood abuse, breach of verbal contract promissory estoppel , and loss of future earning capacity.... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

O’Connor’s Texas Causes of Action is my go-to for succinct summaries of many common causes of action containing case and statutory citations. I often reread the chapter(s) on specific causes of action I think should be included in a petition before I draft. Well-organized so it is a quick and... View More

2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Wow, many items to unravel here. First, if you are having difficulties communicating with your attorney, it may be time for a change. Before you change, email, and request a conference - either in person or via zoom. Use that session not only to catch up, but to establish strategy for your case... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

I strongly urge you not to file any sort of grievance against the judge raising any of the issues you describe above. That is going to make you appear unhinged and could cripple any chance you have to get custody of your son.

Ex parte orders are, by their very nature, of very limited...
View More

View More Answers

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.