Case law

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 .

Jackson v. State Office of Administrative Hearings

54 Tex. Sup. Ct. J. 1443 · Texas Supreme Court · Jul 1, 2011

Jackson argues that (1) section 552.101, which establishes exceptions to disclosure, does not apply to the categories of information requested here, but rather the stricter standard established by section 552.022(a) governs … The Legislature has clearly expressed its intent that exceptions to disclosure be construed narrowly. See Tex.

Warthan v. Haynes

155 Tex. 413 · Texas Supreme Court · Mar 7, 1956

In that case, however, the Court was dealing with the rare conjuncture where the husband and wife meet death so contemporaneously that it cannot be established which died first. … McAllister direction, the further we get from our present partial death tax immunity based on community ownership.

Shepherd v. Ledford

962 S.W.2d 28 · Texas Supreme Court · Mar 13, 1998

Ledford’s death, or forfeit the opportunity to establish her standing to bring suit under the Wrongful Death Act. … Ledford died he owed more than the minimum two debts to qualify for an informal estate administration. See Tex PROb.Code § 178(b). Mrs. Ledford’s evidence showed that Mr.

Fort Worth Osteopathic Hospital, Inc. v. Reese

47 Tex. Sup. Ct. J. 999 · Texas Supreme Court · Aug 27, 2004

An analysis of the factors traditionally considered by courts establishes that Witty and its progeny are weak precedent. … Tortfeasors have no long-settled expectation of immunity from causes of action arising out of negligent conduct that results in the prenatal death of a viable fetus. Cf. Moragne v.

Paris Grocer Co. v. W.H. Burks

101 Tex. 106 · Texas Supreme Court · Nov 13, 1907

out a claim other than that of the debtor in the absence of such a possession as pointed to a third person *112 as the possessor, and for this purpose the use of the land under the circumstances shown was, in our opinion, clearly … The evidence introduced here does not tend to show either a lien or a trust, and, as the title which passed by the deed could not be affected by the evidence introduced, it tended to establish no controlling fact.

Roy Seger v. Yorkshire Insurance Co., Ltd., and Ocean Marine Insurance Co., Ltd.

59 Tex. Sup. Ct. J. 1208 · Texas Supreme Court · Jun 17, 2016

Although the agent is responsible for paying the tax, to qualify for the section 101.201(b) exception, the insurer must present evidence that the premium tax was paid. See id. § 101.201(b). … status as a leased-in worker relied on an incorrect definition, it is unreliable, and therefore, no evidence. 34  The undisputed evidence in the record clearly

Sue Abshire v. Christus Health Southeast Texas D/B/A Christus Hospital-St. Elizabeth

563 S.W.3d 219 · Texas Supreme Court · Nov 16, 2018

Zamarripa, 526 S.W.3d 453, 461 (Tex. 2017) (“[W]ithout factual explanations, the reports are nothing more than the ipse dixit of the experts, which . . . are clearly insufficient.”). … The hospital staff clearly ignored signs and symptoms of spinal injury and kept investigating the same areas over and over with no relief to the patient. . . .

City of Dallas v. Dixon

365 S.W.2d 919 · Texas Supreme Court · Mar 13, 1963

Generally, it was alleged that all state statutes which purported to authorize issuance of the bonds were unconstitutional and *926 void; that the bonds themselves were void because (1) not authorized by vote of the qualified … The description of the plaintiffs in Brown, quoted above, shows clearly that they are members of the class represented by the plaintiffs in Atkinson, and it is not suggested that they were not adequately represented in that

In THE MATTER OF T.V.T. v. the State of Texas

Texas Supreme Court · Sep 8, 2023

To be absurd in the legal sense, a result must be more than merely odd, “unintended,” “improvident,” or even “inequitable” (and we do not suggest that the statute here would qualify under any of those terms)—it must be … If the evidence cannot support the charges—if, for example, the prosecutor charges someone who clearly was a victim rather than a perpetrator or willing participant—the accused should prevail in court.

EI Du Pont De Nemours & Co. v. Robinson

923 S.W.2d 549 · Texas Supreme Court · Jul 8, 1996

Nor does the Court establish a workable or wise rule for regulating the admission of such evidence. … Finally, his testimony is rather clearly designed to "assist the trier of fact to understand the evidence or to determine a fact in issue."

Mims v. Mitchell

1 Tex. 443 · Texas Supreme Court · Dec 15, 1846

It contains, indeed, the statement that the “ matters and things in the petition contained are untrue,” but the averment is qualified by an explanation of what is meant by the expression “untrue,” showing that it is not intended … Should the parties so amend their pleadings as more clearly to present the merits of the controversy, the questions we have considered may not arise upon a future trial.

City of Dallas v. McDonald

130 Tex. 299 · Texas Supreme Court · Nov 4, 1936

opinion of the Court of Civil Appeals in this language : “For cause of action, appellants allege, in substance, that, prior to the adoption of the present charter of the City of Dallas (1931), each was duly appointed and qualified … E. (2d) 939, which we think clearly states the applicable rule. After a reference to the case of Moon v. Mayor of City of Champaign, 214 Ill. 40 , 73 N.

Hamman v. H. J. McMullen & Co.

122 Tex. 476 · Texas Supreme Court · Jun 23, 1933

Smith for the sum of $243.06 principal and interest and $24.31 attorney’s fees, amounting in the aggregate to $267.37, and establishing and foreclosing a mechanic’s lien on said lot to secure the payment of same, but declaring … The concluding words: ‘and may be enforced as to all notes not then barred by the four years statute of limitations,’ are simply a limitation that this immunity shall extend only to such of the notes as are not ‘barred by

The University of Texas System v. the Franklin Center for Government and Public Integrity and Jon Cassidy

Texas Supreme Court · Jun 30, 2023

the investigator as “the company’s General Counsel,” “referred in its opening sentence to the possible illegality of payments such as the ones on which information was sought,” and included a “statement of policy” that “clearly … And it couldn’t because, as the affidavit affirmatively establishes, McRaven was not employed at UT until long after Kroll was hired and mere weeks before Kroll submitted its final report to him.

State Ex Rel. Candler v. Court of Civil Appeals

123 Tex. 549 · Texas Supreme Court · Oct 2, 1934

They brought their quo warranto suit as qualified voters in the name of the State, alleging excessive and unlawful primary expenditures. … Spelling clearly states that the state officer has full control of such a proceeding as that begun in the District Court “both as to instituting it and conducting it.”

City of Beaumont v. Fertitta

10 Tex. Sup. Ct. J. 360 · Texas Supreme Court · Apr 26, 1967

It says: “In view of the provisions made by the constitution of this state for the establishment and maintenance of public free schools, no one would contend that lands held by counties for that purpose were not held solely … Thompson, 71 Tex. 192 , 9 S.W. 99 , the Court clearly defined what was meant by the words “public property used for public purposes” as used in Article VIII, Section 2, in these words: “That section of the constitution seems

Western Union Telegraph Co. v. Uvalde National Bank

65 L.R.A. 805 · Texas Supreme Court · Dec 21, 1903

This is not the law as established in the United States generally and in this State. … It could not establish this without showing that the imposition upon it occurred notwithstanding the use of proper care on its part.

Allis-Chalmers Manufacturing Co. v. Curtis Electrical Co.

153 Tex. 118 · Texas Supreme Court · Feb 10, 1954

These letters (which was all the evidence on the making of a contract) clearly show the minds of the parties did not meet on the identical terms of the contract. … “The assent must comprehend the whole of the proposition ; it must be exactly equal to its extent and provisions, and it must not qualify them by any new matter.”

Tennessee-Louisiana Oil Company v. Cain

9 Tex. Sup. Ct. J. 205 · Texas Supreme Court · Jan 26, 1966

The record clearly reflects an arm’s length transaction. The evidence is undisputed that Dixon Cain was approached by Mr. … Under the record, the defendant’s agreement to act in an advisory capacity cannot be extended so as to prohibit the defendant from engaging in other business enterprises, nor can it be enlarged upon to the extent of qualifying