Family attorneys often deal with causes of action that do not arise under the Family Code.  For example, one spouse might sue the other spouse as part of a divorce for assault or breach of fiduciary duty.  A new Texas Rule of Civil Procedure 91a applies to all cases, including those pending on March 1, 2013, other than cases brought under the Texas Family Code or in inmate litigation.   Under new Rule 91a, a party may move to dismiss a cause of action that has "no basis in law or fact."  A claim has no basis in law if the allegations, taken as true, together with any reasonable inferences, "do not entitle the claimant to relief."  A claim has no basis in fact if "no reasonable person could believe the facts as pleaded."  A motion to dismiss a baseless case under Rule 91a must: state that it is made pursuant to Rule 91a; identify each cause of action to which it is addressed; and specifically state the reasons that the cause of action has no basis in law, fact, or both. A Rule 91a ... Read More >