Sofia Adrogué

Texas Business Court state Appointed by Greg Abbott 6 signed orders read

How Judge Adrogué decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On the Business Court's recurring Section 8/H.B. 19 commencement-date question, she treats it as a true, non-waivable jurisdictional limit -- even sophisticated parties who jointly sign a post-effective-date Rule 11 agreement consenting to the Business Court's jurisdiction cannot bootstrap jurisdiction over a case that in fact commenced before September 1, 2024, and she will remand on her own initiative even when neither side wants the case to leave.

“The Court finds that Section 8 of H.B. 19 unambiguously operates as a jurisdictional provision when applied to Texas Government Code Section 25A.004 (entitled “Jurisdiction and Powers”).”

On contract construction of exclusive-remedy and survival clauses, she reads them to bar untimely claims once the negotiated notice/survival period lapses, and rejects a party's 'in perpetuity' reading of a reimbursement obligation where that reading would render the contract's own exclusive-remedy and survival provisions superfluous.

“Plaintiffs' interpretation-alleging the absence of language in the Purchase Agreement limiting the temporal scope of the assumption obligations-would render the exclusive remedy and the survival provisions of Article X superfluous.”

On contractual notice provisions outside the option-contract context, she applies a substantial-compliance standard rather than strict compliance, and will not let a party invoke its own imperfect notice as a technicality to avoid the consequences of its own unequivocal actions.

“a party's minor deviations from a contractual notice condition that do not severely impair the purpose underlying that condition and cause no prejudice do not and should not deprive that party of the benefit of its bargain.”

Procedural preferences

Even where she remands a case sua sponte for lack of subject-matter jurisdiction, she will stay her own remand order pending a related appeal or mandamus proceeding raising the identical threshold legal question elsewhere in the Business Court, rather than send the case back only to potentially have to reopen it.

“the Court GRANTS Bestway's request and STAYS the remand order contained herein, and all proceedings under this cause number, pending the resolution of the traditional appeal and mandamus arising out of Synergy Global Outsourcing, LLC v. Hinduja Global Solutions, Inc.”

She will certify a permissive interlocutory appeal on a close, controlling threshold question even where the parties agree with each other and neither is truly adversarial on the point, reasoning that appellate guidance benefits the Business Court's still-developing body of caselaw statewide, not just the parties before her.

“the Court grants the request because the legal issue considered by this Court...is a controlling question of law as to which there is substantial ground for difference of opinion.”

Cautions

A declaratory-judgment counterclaim that does nothing more than deny an element of the opposing side's own pending claim runs afoul of the mirror-image rule and will be dismissed under Rule 91a as legally baseless, even where framed as two separate declarations.

“Since counts 6.g and 6.h do not state a claim for affirmative relief, they run afoul of the mirror-image rule.”

A party that has not complied with the statutory prerequisites for a writ of attachment cannot obtain the practical equivalent -- pre-judgment release of escrowed funds -- through an ordinary summary-judgment motion, no matter how confident it is of its eventual entitlement to the funds at final judgment.

“Because TMC has failed to comply with the statutory requirements for a writ of attachment, it is not entitled to pre-judgment seizure of City Select Title's debt.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Lone Star NGL Product Services LLC v. EagleClaw Midstream Ventures, LLC and CR Permian Processing, LLC
Cause No. 24-BC11A-0004 · 2024-12-20
Motions to remand (court (sua sponte)) Granted

“The Parties have failed to establish that the Court has subject-matter jurisdiction over this case. ... Therefore, subject to the Court's stay issued in Paragraph 30 below, it is ORDERED that the Business Court Clerk shall remand this cause to the 61st Judicial District Court of Harris County, Texas.”

Motion for permissive interlocutory appeal (both parties) Granted

“In addition, the Court grants the Parties' request for a permissive interlocutory appeal under Texas Civil Practice & Remedies Code Section 51.014(d). The Court grants the request because the legal issue considered by this Court—whether “a civil action that was commenced before September 1, 2024 [may] be removed to Business Court where the parties entered into a subsequent agreement expressly consenting to the jurisdiction of the Business Court”—is a controlling question of law as to which there is substantial ground for difference of opinion.”

Motions to stay (both parties) Granted

“Further, to the extent that the Court has the authority to do so, the Court STAYS the remand order contained herein pending the resolution of the Parties' permissive interlocutory appeal under Texas Civil Practice & Remedies Code Section 51.014(e).”

Bestway Oilfield, Inc. v. Jacob R. Cox and ServicePlus, LLC
Cause No. 24-BC11A-0016 · 2025-01-17
Motions to remand (court (sua sponte)) Granted

“Bestway has failed to establish that the Court has subject-matter jurisdiction over this case. ... Therefore, subject to the Court's stay issued in Paragraph 19 below, it is ORDERED that the Business Court Clerk shall remand this cause to the 270th Judicial District Court of Harris County, Texas.”

Motions to stay (plaintiff) Granted

“Further, to the extent that the Court has the authority to do so, the Court GRANTS Bestway's request and STAYS the remand order contained herein, and all proceedings under this cause number, pending the resolution of the traditional appeal and mandamus arising out of Synergy Global Outsourcing, LLC v. Hinduja Global Solutions, Inc., No. 24-BC01B-0007, 2024 Tex. Bus. 2 (Tex. Bus. Ct. Oct. 31, 2024).”

Cypress Towne Center, Ltd. v. Kimco Realty Services, Inc.
Cause No. 24-BC11A-0013 · 2025-02-25
Motions to remand (plaintiff) Granted

“Because this lawsuit was commenced before September 1, 2024, the Court holds that ... Plaintiff's Motion to Remand is GRANTED and it is ORDERED that this cause be remanded to the district court.”

CreateAI Holdings, Inc. f/k/a TuSimple Holdings, Inc. v. Bot Auto TX Inc.
Cause No. 24-BC11A-0007 · 2025-05-13
Motions to dismiss (plaintiff) Granted in part

“On this basis, the Court signed its March 17, 2025 Order granting Plaintiff's Motion as to Defendant's counterclaim counts 6.g and 6.h.”

City Choice Group, LLC v. TMC Grand Blvd Land Company, LLC
Cause No. 24-BC11A-0002 · 2025-11-08
Summary judgment (defendant) Granted

“The Court issued an order on June 6, 2025, granting the First Motion.”

Summary judgment (third-party plaintiff) Denied

“Because this process has not even begun, the Court must deny the Second Motion.”

Plains Pipeline, L.P. v. Arrowhead Gulf Coast Holdings, LLC
Cause No. 25-BC11A-0024 · 2026-05-16
Summary judgment (defendant) Granted

“the Court finds that Defendants' Motion should be GRANTED and Plaintiffs' Motion should be DENIED.”

Summary judgment (plaintiff) Denied

“It is further ORDERED that Plaintiffs' Motion is DENIED.”

Put Judge Adrogué's record to work

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Opens in Ezel Pro. Every answer is grounded in Judge Adrogué's own signed orders and cites them.