Case law

City of Keller v. Wilson

48 Tex. Sup. Ct. J. 848 · Texas Supreme Court · Jun 10, 2005

The key qualifier, of course, is “properly applied.” The final test for legal sufficiency must always be whether the evidence at trial would enable reasonable and fair-minded people to reach the verdict under review. … No jury finding is necessary to establish, undisputed facts.”); Clark v. Nat’l Life & Accident Ins.

Eve Lynn Baker v. Terry Lee Bizzle

Texas Supreme Court · Mar 1, 2024

Both opinions correctly, comprehensively, and clearly describe current law. But I am unsatisfied with the status quo—nobody should be satisfied with it. … Having a judgment properly appear in the record was also essential to establish a court’s appellate jurisdiction.

Debra C. Gunn, M.D., Obstetrical and Gynecological Associates, P.A., and Obstetrical and Gynecological Associates P.L.L.C. v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person

554 S.W.3d 645 · Texas Supreme Court · Jun 15, 2018

Schilling’s testimony showed that she was eminently qualified to opine as to and calculate the expenses likely to be necessary for Shannon’s future medical care. Dr. … The documents fairly clearly are not bills from medical providers, because each document lists numerous different providers.

Owens & Minor, Inc. and Owens & Minor Medical, Inc. v. Ansell Healthcare Products, Inc. and Becton, Dickinson and Company

Texas Supreme Court · Mar 28, 2008

While the seller’s interest might be served in either case, it is clearly not in the competing manufacturer’s interest that one of its rivals is handed the task of defending its product. … Under the statute, an innocent seller is guaranteed indemnity from any person who qualifies as a manufacturer under Section 82.001(4).

Schaefer v. Texas Employers' Insurance Ass'n

24 Tex. Sup. Ct. J. 163 · Texas Supreme Court · Dec 31, 1980

The evidence fails to establish that any bacteria was present in the soil where Schaefer worked. Quoting from Dr. … There is clearly some evidence of causation when Dr.

Columbia Medical Center of Las Colinas, Inc. v. Hogue

51 Tex. Sup. Ct. J. 1220 · Texas Supreme Court · Aug 29, 2008

Indeed, all the evidence offered regarding the appropriate stat echo response time in this case establishes that Columbia Medical clearly breached the standard of care. Dr. … The standards are established under the common law by qualified experts.

Helena Chemical Company v. Robert Cox

Texas Supreme Court · Mar 3, 2023

A witness may be qualified to testify as an expert based on his “knowledge, skill, experience, training, or education.” TEX. R. EVID. 702. … The Court held that “proof of ‘some exposure’ or ‘any exposure’ alone will not suffice to establish causation.” Id.

Gammage v. Compton

20 Tex. Sup. Ct. J. 206 · Texas Supreme Court · Mar 2, 1977

Paul paid a filing fee, or otherwise qualified himself, in order to stand for election on the basis of philosophical and personal views in contrast to those of his opponent, Gammage. … Sections 386 to 390 make depositions available to both parties as a discovery tool, as well as establishing sanctions for failure to attend.

Freedom Newspapers of Texas v. Cantu

48 Tex. Sup. Ct. J. 916 · Texas Supreme Court · Jun 24, 2005

“I clearly heard that the only person who could be sheriff is an Hispanic,” Larimore said. “Frankly, I think he was caught off guard. I think he meant what he said and now he’s taking flack over it. … The summary judgment record before us establishes as a matter of law that the Herald’s reporter thought he was reporting the gist of what Cantu said.

Edward James Mitschke, Jr., Individually and as a Representative of the Estate of Cody Mitschke v. Marida Favia Del Core Borromeo and Blackjack Ranch, L.L.E., Llc

Texas Supreme Court · May 13, 2022

Ct. 1485, 1499 (2019) (denying stare decisis effect for a federal sovereign-immunity precedent that, like Philbrook, was an outlier). … Mitschke’s motion for new trial, even if misfiled, clearly identified the 26See, e.g., Artis v. District of Columbia, 138 S.

Stedman v. Georgetown Savings & Loan Ass'n

23 Tex. Sup. Ct. J. 98 · Texas Supreme Court · Dec 12, 1979

The commitment letter which established the agreement between the association and Mr. … —Fort Worth 1977, writ ref’d n. r. e.), is clearly distinguishable.

Brooke v. Clark

1 Tex. L. R. 205 · Texas Supreme Court · Jun 15, 1882

GQ'ZSj Laws of 15th Legislature, lS^, secs. 134-8) in regard to the appointmentment of special guardians were two fold: First — That the minor, in addition to the general guardianship which the court itself, from its long established … Clearly, appellant has no ground to complain of the refusal of the charge asked on the subject of exemplary damages. 4.

Duncan v. Willis

157 Tex. 316 · Texas Supreme Court · May 15, 1957

Balfour and thus establish a uniform rule in cases of this general type to the effect that the vote in question shall be counted, notwithstanding that the third party who procured or assisted in procuring the voter's tax … Stubbs' name was clearly marked out by horizontal lines. This case carries the rule allowing the admission of parol testimony to explain a ballot to its permissible limit.

Texas Antiquities Committee v. Dallas County Community College District

20 Tex. Sup. Ct. J. 423 · Texas Supreme Court · Jul 13, 1977

All unrestorable structures ordinarily hold some nostalgic tug upon someone and may all qualify as "buildings... of historical ... interest." … It clearly appears to me that this particular determination of the Antiquities Committee is not supported by substantial evidence.

Ex Parte Rodriguez

39 Tex. 705 · Texas Supreme Court · Jul 1, 1873

Three times have the people of Texas since the surrender attempted to establish civil government. … Booth (21 How.) establishes no precedent for our government in this case.

Kroger Texas Ltd. Partnership v. Suberu

49 Tex. Sup. Ct. J. 592 · Texas Supreme Court · May 5, 2006

Under the first sentence of the probable cause instruction (that part of the instruction defining probable cause), the jury had to resolve the clearly conflicting testimony to find what facts and circumstances existed, and … To make the citizen liable to be mulcted in damages for an honest discharge of duty is to give immunity to crime, and to weaken the restraining power of the criminal law, thereby endangering the security of law-abiding people

Casso v. Brand

32 Tex. Sup. Ct. J. 366 · Texas Supreme Court · May 10, 1989

Fair Comment Under common law, there exists a qualified privilege (defense) for opinions in the form of fair comment. … The privilege is qualified because after it is established by the defendant, a showing by the plaintiff of actual malice destroys the privilege.

Texas Comptroller of Public Accounts v. Attorney General of Texas and the Dallas Morning News, Ltd.

54 Tex. Sup. Ct. J. 245 · Texas Supreme Court · Dec 3, 2010

By that logic, much information of a personal nature would be immune from disclosure—names of public employees, dates of employment, home addresses. … The News Has Established a “Sufficient Reason” for the Disclosure.

Gulf States Utilities Co. v. Low

45 Tex. Sup. Ct. J. 724 · Texas Supreme Court · May 30, 2002

We reject the parties' respective arguments that the record establishes the trial court intended to render a different judgment. … Yet, the trial court's judgment does not clearly identify the basis *569 for Low's recovery.

Warren Kenneth Paxton, Jr., in His Official Capacity as Texas Attorney General, and the State of Texas v. Annunciation House, Inc.

Texas Supreme Court · May 30, 2025

Garner, Reading Law: The Interpretation of Legal Texts 147 (2012) (describing the “series-qualifier” canon of construction). … ; these must be established by evidence on final trial.” 12 S.W. 106, 108 (Tex. 1889).