Inconsistent Rulings = Reversal

Janus (right) was the Roman god of dualities. Pruitt Family Living Trust v. Totus Gift Card Mgmnt also involved a duality, in the form of evidence and substantive rulings that were not consistent:

Through these inconsistent rulings, the trial court excluded the same evidence it presumably considered when granting TGCM’s special appearance. A trial court cannot allow one party the benefit of using authenticated evidence to support a special appearance while striking the same authenticated evidence to the detriment of the other side. Because of the trial court’s misapplication of rule 120a(3), it stripped appellants of their ability to admit any evidence challenging the special appearance. Stated differently, by striking the evidence relied on by TGCM to support their special appearance, the trial court was left with no evidence upon which it could rule, let alone grant, the special appearance. Accordingly, the trial court abused its discretion by ruling arbitrarily and without reference to any guiding rules
or legal principles.

No. 05-24-00612-CV (Dec. 27, 2024) (mem. op.).