de novo review on Texas Appeals Journalhttps://texasappeals.org/topics/de-novo-review/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 13 Apr 2026 07:00:00 -0500Supreme Court of Texas Reinstates Summary Judgment for H-E-B in Slip-and-Fall Case, Holding Earlier Roof Leaks Elsewhere in Store Did Not Show Constructive Knowledge of Puddlehttps://texasappeals.org/2026/04/heb-v-peterson/Mon, 13 Apr 2026 07:00:00 -0500https://texasappeals.org/2026/04/heb-v-peterson/The court held that a plaintiff responding to a no-evidence summary judgment motion must present some evidence of how long a dangerous condition existed, and that evidence of earlier roof leaks in other parts of a grocery store did not raise a fact issue on the grocer’s constructive knowledge of a puddle in the toy aisle. The court reversed the Thirteenth Court of Appeals and reinstated the trial court’s judgment.Fifth Circuit Holds Noncitizens Present Without Admission Are Subject to Mandatory Detention Without Bond During Removal Proceedingshttps://texasappeals.org/2026/02/buenrostro-mendez-v-bondi-bond-hearings/Mon, 23 Feb 2026 07:00:00 -0600https://texasappeals.org/2026/02/buenrostro-mendez-v-bondi-bond-hearings/The court held that noncitizens present in the United States without having been admitted are “applicants for admission” who are “seeking admission” under 8 U.S.C. § 1225(b)(2)(A), and so must be detained without bond eligibility while removal proceedings are pending. It reversed two Southern District of Texas orders granting bond hearings. Judge Douglas dissented.Fifth Circuit Reverses in Part Denial of Preliminary Injunction Over Canceled West Texas A&M Drag Showhttps://texasappeals.org/2025/09/spectrum-wt-v-wendler-campus-drag-show/Mon, 01 Sep 2025 07:00:00 -0500https://texasappeals.org/2025/09/spectrum-wt-v-wendler-campus-drag-show/The court held that, on the current record, the student group’s intended drag show would have conveyed a message implicating the First Amendment, that the campus venue is a designated public forum, and that the university president had not argued his content-based restriction survives strict scrutiny. It rendered a judgment dismissing the claim against the system chancellor for want of jurisdiction; Judge Ho dissented.Fifth Circuit Holds DACA Final Rule Violates the Immigration and Nationality Act but Limits Relief to Texas and Leaves Forbearance Provisions Intacthttps://texasappeals.org/2025/01/texas-v-united-states-daca-rule/Mon, 20 Jan 2025 07:00:00 -0600https://texasappeals.org/2025/01/texas-v-united-states-daca-rule/The court held that Texas has standing under its earlier decision, that the 2022 DACA rule is materially identical to the 2012 memorandum and substantively violates the INA, and that the district court erred by not severing the rule’s forbearance provisions; it narrowed the injunction to Texas. The stay protecting existing recipients remains in place.