Case law

Jenkins, Taurus

Texas Supreme Court · Jun 21, 2016

A law must be clearly written so that it establishes determinate, explicit guidelines for law enforcement to prevent arbitrary arrests and enforcement, and it does not have a chilling effect on protected freedom of expression … statute define, limit, or qualify its meaning and application in order to lessen its inherent vagueness.

City of Austin v. Teague

21 Tex. Sup. Ct. J. 534 · Texas Supreme Court · Jul 26, 1978

To permit government, as a prospective purchaser of land, to give itself such an advantage is clearly inconsistent with the doctrine that the cost of community benefits should be distributed impartially among members of the … Jim Frederick, a qualified real estate appraiser, testified that the property would yield a nine to ten percent net return on the value of the property based on his knowledge of properties near to but south of the tract in

Bordelon v. Philbrick

125 Tex. 460 · Texas Supreme Court · Jun 26, 1935

He then alleged that Philbrick had been duly elected Constable of Precinct No. 7; that he qualified by giving a bond which was duly approved as required by law, and set out the bond in haec verba. … There is a line of cases dealing with criminal process or preservation of the public peace which apparently establish a different rule from cases involving acts of peace officers in connection with civil process, and in that

Keen v. Weaver

46 Tex. Sup. Ct. J. 804 · Texas Supreme Court · Jun 19, 2003

For example, while ERISA generally prohibits a participant’s assignment or alienation of pension benefits, since 1984 ERISA has provided a limited exception if the benefits are the subject of a qualified domestic relations … This agreement clearly contemplates not only a division of the specific retirement plans into separate property, but also a waiver of all Patsy’s interest in the plans.

Houston Lighting & Power Co. v. Auchan USA, Inc.

42 Tex. Sup. Ct. J. 750 · Texas Supreme Court · Jun 10, 1999

. § 41-4-8 (Michie 1978) (providing that a New Mexico public utility is immune under that state’s Tort Claims Act from liability for damages caused by a failure to provide an adequate supply of gas, water, electricity, or … There is nothing harsh or inequitable in upholding such a limitation of liability when it is thus considered that the rates as fixed by the Commission are established with the rule of limitation in mind.

Dick v. Kazen

292 S.W.2d 913 · Texas Supreme Court · Aug 15, 1956

The Election Code establishes a uniform procedure to be followed throughout the State of Texas. … Peurifoy, is clearly distinguishable. In the Blankenship case a writ of mandamus was sought to require the district judge to fix the amount of a supersedeas bond.

Horizon Health Corporation v. Acadia Healthcare Company, Inc. Psychiatric Resource Partners, Inc. Michael A. Saul Timothy J. Palus Peter D. Ulasewicz Barbara H. Bayma And John M. Piechocki

60 Tex. Sup. Ct. J. 1083 · Texas Supreme Court · May 26, 2017

Although legally sufficient evidence might otherwise establish a breach of contract or tort permitting an award of lost profits, “profits ‘not susceptible of being established by proof to that degree of certainty which … In fact, the loss of Piechocki was particularly harmful because Piechocki had experience in both psychiatric operations and sales, making him uniquely qualified to sell services to hospital operations executives.6 Furthermore

Allen Mark Dacus, Elizabeth C. Perez, and Rev. Robert Jefferson v. Annise D. Parker and City of Houston

466 S.W.3d 820 · Texas Supreme Court · Jun 15, 2015

Merely stating that a fund is being established provides little definiteness or certainty about something important to the people — will they directly pay for it? … It is not disputed in this summary judgment proceeding that they have standing as registered qualified voters in Harris County, Texas. See TEX. ELEC. CODE § 233.002. .

In THE INTEREST OF A.A., G.A., AND K.A., CHILDREN v. the State of Texas

Texas Supreme Court · Jun 9, 2023

I do not see how Mother’s conduct in either instance remotely qualifies as the “abuse or neglect” that paragraph O addresses. … In E.C.R., “the record conclusively establishe[d] that E.C.R. was removed from [his mother]” and that she was the source of the risk. Id. at 249. The record here, however, establishes neither of those things.

Heller v. Heller

114 Tex. 401 · Texas Supreme Court · Mar 11, 1925

‘Upon the death of Theophilus Heller in 1891, Anna Heller had his will, before set out, probated in the county court of Fayette County, qualified as executrix- thereunder, took possession of all of the community property, … Yet, while a co-tenant has no power to divest the title of the other owner by selling a specific part of the common property, it is well established that a court of equity will protect such a purchaser, if it can be done

Murphy Exploration & Prod. Company-usa, Corp. v. Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst, & R. May Oil & Gas Co.

560 S.W.3d 105 · Texas Supreme Court · Jun 1, 2018

And these requirements qualify such a well as one that 'serves to counterbalance or to compensate for' a triggering well on the adjacent property." … And McBeath clearly was a stranger to any negotiations between Barrett and the Herbsts about terms of the Leases.

Jpmorgan Chase Bank, N.A. v. City of Corsicana and Navarro County

Texas Supreme Court · May 8, 2026

As explained below, section 52-a was adopted primarily to establish that “development and diversification of the economy” would qualify as a legitimate public purpose under this Court’s pre-existing Gift Clause cases. … Or did section 52-a establish that economic development qualifies as a public purpose within the traditional Gift Clause framework, as the City and County argue?

McInnis v. State

23 Tex. Sup. Ct. J. 433 · Texas Supreme Court · Jun 18, 1980

Upon appointment, the special judge shall appoint an attorney to prosecute the case, such counsel to be selected from a list of not less than five qualified attorneys submitted by the council. [3] Art. 5970, et seq., including … Because McInnis had established that all acts alleged had occurred before his reelection, dismissal of the proceedings against McInnis was held to be correct.

Ingram v. Deere

52 Tex. Sup. Ct. J. 1030 · Texas Supreme Court · Jul 3, 2009

Co., 144 Tex. 475 , 191 S.W.2d 716, 722 (1946) (“[A] court would not declare that a partnership existed unless that intention clearly appeared....”)). … Assuming he is qualified to give an opinion on this matter, his testimony is devoid of support for that conclusion.

Palmer, Zachary

Texas Supreme Court · Jul 17, 2015

Evidence of a general delegation of authority to an assistant does not qualify under the statute. Muller, 829 S.W.2d at 810 n.6. … The existence of the Wise County District Attorney’s authorization was established by affidavit.

Rose v. Doctors Hospital

34 Tex. Sup. Ct. J. 177 · Texas Supreme Court · Dec 19, 1990

These cases establish a well-recognized set of statutory and constitutional rules that have been consistently followed in our jurisprudence. … The federal courts are clearly bound by our decision in Lucas, see Wright, supra, and, in fact, have so held. Wheat v.

in the Matter of the Estate of Richard C. Poe

Texas Supreme Court · Jun 17, 2022

The court expressed no opinion on how attorney immunity might apply on remand if properly raised. Id. … And we have never recognized an informal fiduciary duty within the context of the operation or management of a corporation, in which the corporation’s directors have clearly defined duties to exercise their business judgment

Barr v. City of Sinton

52 Tex. Sup. Ct. J. 871 · Texas Supreme Court · Jun 19, 2009

The Supreme Court has clearly refuted this argument. In Schad v. … For an establishment like that, yes. "Q. Was there any other establishment to your knowledge.— "A. No, sir. “Q. — being targeted? "A. No, sir. "Q. So this one was specifically targeted? "A.

Orsborn v. Deep Rock Oil Corp.

153 Tex. 281 · Texas Supreme Court · Mar 31, 1954

This inference prevails unless something else is shown to qualify and explain the possession.'" This Court, in White v. … This clearly showed that the claim asserted was not an adverse one.

Hart v. Van Zandt

9 Tex. Sup. Ct. J. 66 · Texas Supreme Court · Nov 3, 1965

This is true in regard to all attempts by the plaintiff to establish negligence on the part of the defendant. Dr. Hawes testified: "Q. … I think that clearly it does not; but, assuming that such evidence does establish the fact that the defendant should have explored further, there is still no evidence, beyond a mere possibility, that had the defendant explored