Case law

In re Doe

57 Tex. Sup. Ct. J. 1440 · Texas Supreme Court · Aug 29, 2014

Those *610 restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States. … Reynolds filed the petition in Harris County, which qualifies as a county “where venue of the anticipated suit may lie” in light of the verified allegations that Brockman resided there. Tex. Civ.

Ex Parte Jimenez

159 Tex. 183 · Texas Supreme Court · Oct 22, 1958

The captional words, "to adopt and establish an election code", are clearly broad enough to include the subject matter of Art. 9.02, and are not limited by the succeeding words, "to revise and recodify Title 50". … The warning given makes no hint of a promise of immunity to the Relators.

Volkswagen of America, Inc. v. Andrew Ramirez, Sr.

Texas Supreme Court · Dec 31, 2004

Volkswagen subsequently moved for a new trial on the basis that the verdict was rendered by only nine qualified jurors. … Because Volkswagen’s initial objection to the evidence complied with Texas Rule of Appellate Procedure 33.1(a) and its requested running objection clearly identified the source and specific subject matter of the expected

Geoffrey Dugger v. Mary Ann Arredondo, Individually and as Representative of the Estate of Joel Martinez

56 Tex. Sup. Ct. J. 1099 · Texas Supreme Court · Aug 30, 2013

The plain language of section 33.008 clearly indicates that the common law unlawful acts doctrine is no longer a viable defense. … Additionally, the Texas Civil Rights Project, as amicus curiae, contends that a broad unlawful acts doctrine could allow people who commit serious tortious conduct against others to have civil immunity merely because the

Bradford v. Arhelger

161 Tex. 427 · Texas Supreme Court · Nov 30, 1960

The instant case presents jury findings which clearly indicate that this particular concept was unsound. … Dunn: "To require a judgment entered on a verdict containing conflicting answers to be set aside, the conflict between the answers must be such that one answer would establish a cause of action or defense, while the other

Haggard v. McFarland

137 Tex. 542 · Texas Supreme Court · Nov 5, 1941

On August 28, 1931, McFarland duly qualified as guardian by taking the oath and giving the bond prescribed by law. The amount of said bond is $5,000. On October 22, 1935, upon due application by the guardian, C. M. … Clearly these statutes contemplate that these things should be done by the district court in order to establish a legal basis for its own judgment which is required to be certified to the county court for observance.

Schroeder v. Texas Iron Works, Inc.

813 S.W.2d 483 · Texas Supreme Court · Sep 18, 1991

Thus, all of the CHRA’s references to civil actions clearly contemplate and require prior administrative action. … by the Equal Employment Opportunity Commission to disqualify the Commission on Human Rights as a deferral agency or for federal funds, the Commission on Human Rights is hereby authorized to administer this Act so as to qualify

Mitchell v. Mitchell

80 Tex. 101 · Texas Supreme Court · Mar 3, 1891

shall write their names as drawn upon several slips of paper, which he shall deliver to each of the parties or their attorneys; that when in the District Court there shall not be as many as twelve drawn from the box other qualified … The charge given by the court fully and clearly explained to the jnry the distinction between separate and community property, and made it unnecessary, if not improper, to give so much of the charge requested as correctly

Brooke v. Clark

57 Tex. 105 · Texas Supreme Court · Apr 23, 1880

That the minor, in addition to the general guardianship which the court itself, from its long established powers and duties, is required to give, should also have the protection of a special guardian, whose duty it was to … Clearly, appellant has no ground to complain of the refusal of the charge asked on the subject of exemplary damages. 4. But it is said that the verdict is not supported by the evidence, and is excessive, etc.

Spann v. City of Dallas

235 S.W. 513 · Texas Supreme Court · Nov 2, 1921

These established rules provide the test for the validity of this ordinance. *516 [7] Tlie ordinance ia clearly not a regulation for the protection of the public health or the public safety. … The ordinance here is, in our opinion, clearly unconstitutional and void.

Spann v. City of Dallas

111 Tex. 350 · Texas Supreme Court · Nov 2, 1921

These established rules provide the test for the validity of this ordinance. The ordinance is clearly not a regulation for the protection of the public health or the public safety. … The ordinance here is, in our opinion, clearly unconstitutional and void.

City of Houston v. Allred

123 Tex. 334 · Texas Supreme Court · May 2, 1934

The habendum clause of the deed of trust securing the 1926 bonds reads as follows: “(9) To have and to hold, the above mentioned property, premises, rights, franchises, easements, privileges, immunities, appurtenances, business … It is also clearly evident that the ordinance, and contract thereby authorized, vested, and was intended to vest, the holders of such bonds with all the rights and security provided by such statute.

in the Interest of J.O.A., T.J.A.M., T.J.M., and C.T.M., Children

52 Tex. Sup. Ct. J. 714 · Texas Supreme Court · May 1, 2009

Instead, the Department submits that the right to appeal a termination order is a statutory right, not a constitutional one, and that the Legislature clearly has the power to restrict, limit, or even deny that right. … We accordingly agree that a parent’s use of narcotics and its effect on his or her ability to parent may qualify as an endangering course of conduct. 4 *346 Timothy admitted to daily marijuana use before the twins were born

Munoz, Alejandro

Texas Supreme Court · Feb 12, 2015

DISCUSSION To establish ineffective assistance of counsel, an appellant must demonstrate by a preponderanceof the evidenceboth deficient performanceby counsel and prejudice sufferedby the defendant. … Wenote that, contrary to appellant's assertions, therecord reflects that Rodriguez was qualified as an expert.2 See Tex. R.

Prudential Insurance Co. of America v. Financial Review Services, Inc.

29 S.W.3d 74 · Texas Supreme Court · Nov 9, 2000

The court of appeals affirmed the summary judgment, characterizing Prudential’s privilege to communicate to its policyholders and CHE as a “qualified” privilege. — S.W.3d -. … Prudential clearly was entitled to challenge FRS’s accounting methods and take the position that FRS’s methods resulted in unfair charges.

Ann Berta Lodge, No. 42 v. Leverton

42 Tex. 18 · Texas Supreme Court · Jul 1, 1874

This is evidently no valid objection to proof of the execution of such an instrument, when its execution is sought to be established by proof of the genuineness of the signature of the grantor. … But it clearly appears that all of them were paid for out of the rents of the property.

Forbes Inc. and William P. Barrett v. Granada Biosciences, Inc. and Granada Foods Corporation

Texas Supreme Court · Dec 19, 2003

The single-publication rule = s definition of the publication date for limitations purposes is clearly designed to protect publishers from repeated liability based on old publications that might be reprinted or back ordered … In essence, the plaintiffs contend that Forbes should have included qualifying language specifically excluding GBI and GFC whenever the article referred to A Granada. @ Read fairly, Barrett = s affidavit establishes, at most

in Re Diocese of Lubbock

Texas Supreme Court · Jun 11, 2021

Autonomy extends to the rights of hierarchical religious bodies to establish their own internal rules and regulations and to create tribunals for adjudicating disputes over religious matters. … misconduct, he was not criminally charged with anything[,] and no one ever testified that Guerrero did anything inappropriate” with the woman who was the subject of the abuse allegations. 2 Put differently, a church is not immune

State v. Brady

102 Tex. 408 · Texas Supreme Court · Apr 14, 1909

Davidson qualified as Attorney General. “5. … It is a well established rule of construction that when a statute repeals another with a saving clause or proviso attached by which the right of some person or of the State is reserved, such proviso or saving clause must

South Texas Water Authority A/K/A South Texas Water Authority Industrial Development Corporation v. Romeo L. Lomas and W.A.T.E.R. (Citizens for Water Acquired Through Equal Rates)

Texas Supreme Court · Apr 27, 2007

We hold that the plaintiffs fail to meet the requirements necessary to establish standing under any of these theories. … The intent to confer a direct benefit upon a third party “must be clearly and fully spelled out or enforcement by the third party must be denied.” MCI Telecomms. Corp. , 995 S.W.2d at 651 .