TX STATECourt of Appeals of Texas
2000

In Re Acceptance Insurance Co.

33 S.W.3d 443Court of Appeals of Texas • Decided 2000Voided

HOLDING

An insurance company challenged a judge's decision to hold a sanctions hearing without proper written notice and without allowing the company to know what violations it was accused of. The court ruled the judge abused his power by conducting the hearing based only on oral notice and by asking about confidential mediation discussions. The decision protects parties in construction disputes from surprise hearings and ensures mediation confidentiality is respected.

KEY FINDINGS

Dispute Resolution

Judges must give written notice before holding sanctions or contempt hearings—oral notice alone is not enough, even if you hear about it verbally

Mediation Confidentiality

You have the right to know in writing what specific violations you're accused of before a hearing happens; vague or surprise accusations are grounds to challenge the hearing

FULL COURT OPINION