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Dallas, Texas  ·  Complex Commercial Litigation

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Portrait of Hon. Marialyn Barnard

Hon. Marialyn Barnard

Judge · Seat 4A

Texas Business Court · Fourth Business Court Division (San Antonio)

Biography

Judge Marialyn Barnard was appointed by Governor Abbott as a Judge of the Fourth Business Court Division effective September 1, 2024. She has worked in business, private practice, and government. Her previous eleven years of judicial experience includes Judge of the 73rd Judicial District Court in Bexar County and Justice on the Texas Fourth Court of Appeals. She also served on the Bexar County Commissioners Court as Commissioner for Precinct 3. Before her judicial service, Judge Barnard served as an Assistant United States Attorney in the Western District of Texas. She then worked for over 10 years in business as Managing Director of Forensic Litigation for KPMG LLP, In-house Counsel and Director of Business Intelligence for CPS Energy and Vice President of Product Development for TXdocs Software. She also worked as an attorney in private practice at Prichard, Hawkins, McFarland & Young LLP. She is and has been a member of several legal bar associations, committees and civil groups. Judge Barnard received her J.D. from St. Mary’s University School of Law, and as a student, she was an intern for Justice John Cornyn on the Texas Supreme Court and Judge Charles Baird on the Texas Court of Criminal Appeals. Upon graduation, she served as a briefing attorney for Justice Orlando Garcia on the Texas Fourth Court of Appeals as well as a federal law clerk when he became a U.S. District Judge for the Western District of Texas. Prior to law school, Judge Barnard was a high school English teacher after receiving her undergraduate degree in Political Science and English from Texas A&M University Commerce. She also worked in insurance and banking. Judge Barnard is married to her high school sweetheart Dr. Gary Barnard PhD, Clinical Psychologist. They have two children, a married daughter and married son, as well as four grandchildren.

Source: txcourts.gov

Opinions by Judge Barnard (1)

Supplemental Jurisdiction ×
2025 Tex. Bus. 37 Jurisdiction & Remand September 23, 2025

Business Court Lacks Jurisdiction Over Trust Claims Arising Under Property Code Title 9 Absent Party Agreement

In Barrett v. Barrett, Division 4 remanded a trust dispute removed from statutory probate court, holding that claims arising out of Title 9 of the Property Code fall outside the Business Court's jurisdiction under section 25A.004(g) unless all parties agree to supplemental jurisdiction. The decision clarifies that removal under section 25A.006(d) is available only from district court or county court at law—not statutory probate court—and that trust-related claims cannot be recharacterized as governance disputes to establish Business Court jurisdiction.

Removal & Remand Supplemental Jurisdiction Section 25A.004(g) Trust Disputes Statutory Probate Court Opinion PDF ↓