Case law

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).

Jaqualien Grant v. State

Texas Supreme Court · Aug 25, 2015

Likewise, the jury’s finding rejecting appellant’s affirmative defense was not so against the great weight and preponderance of the evidence as to be manifestly unjust, conscience-shocking, or clearly biased. … See id. at 468. 14  Likewise, the extraneous-offense testimony the State presented at trial is sufficiently distinctive and similar to the charged offenses to qualify as modus

Union Carbide Corp. v. Moye

34 Tex. Sup. Ct. J. 111 · Texas Supreme Court · Nov 21, 1990

I join the Court in holding that the trial court clearly abused its discretion by denying relators a fair opportunity to present written evidence—affidavits, depositions and discovery responses—on their motion to transfer … To a very large extent there is an overlap of the facts necessary to establish venue and the merits of the case. Id.

Texas Board of Chiropractic Examiners Patrick Fortner, in His Official Capacity as the Board's Executive Director And Texas Chiropractic Association v. Texas Medical Association

Texas Supreme Court · Jan 29, 2021

The rules: (1) must clearly specify the procedures that chiropractors may perform; (2) must clearly specify any equipment and the use of that equipment … The evidence further establishes that, although vestibular diseases might have an impact on the musculoskeletal system, disorders falling within the ambit of chiropractic do not cause vestibular pathologies

Slaughter v. Yoakum County

109 Tex. 42 · Texas Supreme Court · Jun 11, 1917

If this construction were clearly wrong, it would be our duty to disregard it, and we would do so. But it should not be cast aside *Page 56 and these titles struck down unless it is clearly wrong. … We regard it as clearly right.

Clinton W. ("buddy") Pike, Sr., Daniel L. Walker, W. Tobin Wilson, Vhsc Cement, LLC, and Few Ready Mix Concrete Co. v. Texas Emc Management, LLC, Texas Emc Products, Lp, and Emc Cement, Bv

Texas Supreme Court · Jun 19, 2020

Shields Bros., Inc., 514 S.W.3d 746, 751–53 (Tex. 2017) (discussing different meanings of jurisdiction in immunity context); Sneed v. … Because the plaintiff alleged that he suffered damages and nothing in his petition “affirmatively negate[d] his having been personally aggrieved,” we concluded the trial court did not clearly abuse its discretion in rejecting

Turner v. Big Lake Oil Co.

128 Tex. 155 · Texas Supreme Court · Jul 15, 1936

In a qualified sense, therefore, Rylands v. Fletcher may be regarded as a statement of the common law rule; not, however, of such universal acceptation as to be controlling on the American courts. … W., 592 . *162 The storage and use of explosives is clearly within the rule of absolute liability laid down in Rylands v.

Hearts Bluff Game Ranch, Inc. v. State

Texas Supreme Court · Aug 31, 2012

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 … A denial of permission to develop property for which the owner would otherwise qualify was a direct restriction in Teague, Garrett Brothers, and Biggar.

Walker v. Packer

827 S.W.2d 833 · Texas Supreme Court · May 7, 1992

Precedent, no matter how voluminous or how well-established, will clearly not restrain this majority from accomplishing its preconceived social policy objectives. … They are also less likely to requires information from an opponent to establish affirmative defenses.

Piranha Partners, Randolph Mundt, and Thomas H. Owen, Jr., Individually and as Partners of Piranha Partners, and Charles Ray Owen v. Joe B. Neuhoff and Nancy M. Neuhoff Thomas H. Neuhoff and Judy A. Neuhoff Robert v. Neuhoff and Andrea D. Neuhoff And Boca Vail, Inc.

Texas Supreme Court · Feb 21, 2020

We agree that, reading all of the language together, Exhibit A sufficiently establishes that the parties intended to identify the Puryear Lease, the Puryear B #1-28 well, and the northwest quarter of Section 28. … Just as Neuhoff Oil had to enter an agreement with the auction house, Piranha had to register as a qualified bidder and make certain written representations and acknowledgements to both the auction house and the seller.

State of Texas Office of the Attorney General of the State of Texas Texas Medical Board Texas Health and Human Services Commission And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas v. Lazaro Loe, Individually and as Next Friend of Luna Loe, a Minor Mary Moe and Matthew Moe, Individually and as Next Friends of Maeve Moe, a Minor Nora Noe, Individually and as Next Friend of Nathan Noe, a Minor Sarah Soe and Steven Soe, Individually and as Next Friends of Samantha Soe, a Minor Gina Goe, Individually and as Next Friend of Grayson Goe, a Minor Pflag, Inc. Richard Ogden Roberts III, M.D. David L. Paul, M.D. Patrick W. O'malley, M.D. And American Association of Physicians for Human

Texas Supreme Court · Jun 28, 2024

Applicable law The Texas Constitution provides that “[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the … They contend that the threat of license revocation and discipline for engaging in practices prohibited by the Legislature is “clearly arbitrary and so unreasonably burdensome that it is oppressive.”

Mary Orozco v. County of El Paso, Self-Insured

Texas Supreme Court · Mar 20, 2020

Travel to and from an extra-duty assignment, however, could qualify as an official use of the patrol car, if approved. Here, it was approved for that purpose. … The operation of a marked patrol car on the public streets is an activity that clearly relates to and originates in the work or profession of the El Paso County Sheriff’s Department.

In Re Prudential Insurance Co. of America

47 Tex. Sup. Ct. J. 1104 · Texas Supreme Court · Sep 3, 2004

One is to show that the trial court clearly abused its discretion. 44 We have concluded as a matter of law that Prudential was entitled to enforcement of the jury waiver. … I, § 19 (“No citizen of this State shall be deprived of life, liberty, properly, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”). . Id. art.

Ex Parte Towles

48 Tex. 413 · Texas Supreme Court · Jul 1, 1877

When the Legislature made a change, by these laws, dependent upon a vote of the qualified voters of the county, they became liable to lose most of the value of their property thus improved, not by the will of the people of … That part of this statute which gives an appeal to the District Court is believed to be clearly repugnant to the Constitution ; and that which remains, to wit, the ordering, holding, and contesting the result of the election

State v. Spartan's Industries, Inc.

13 Tex. Sup. Ct. J. 45 · Texas Supreme Court · Nov 5, 1969

Citing Article I, Sections 15, 17 and 19 of the Texas Constitution, and Article XIV of the United States Constitution, appellees contend that Article 286a discriminates against them and denies them equal protection or immunity … The premise seems clearly to be false.

Amarillo Oil Co. v. Energy-Agri Products, Inc.

33 Tex. Sup. Ct. J. 623 · Texas Supreme Court · Jun 27, 1990

The legislature clearly applied the 100,-000:1 gas oil ratio (GOR) only to an entire well’s production, as opposed to each individual stratum from which the well produces. … In light of the adverse jury findings, the only way the court can justify its decision is by concluding Amarillo Oil has established its case as a matter of law.

Chastain v. Cooper & Reed

152 Tex. 322 · Texas Supreme Court · Apr 1, 1953

Such declarations of intent were nullified by the acts and conduct of the parties clearly establishing a contrary intent. … When the intention to be proved is important only as qualifying an act, its connection with that act must be shown, in order to warrant the admission of declarations of the intention.

First State Bank of Bedford v. Miller

21 Tex. Sup. Ct. J. 236 · Texas Supreme Court · Mar 1, 1978

On March 27, 1973, Macile Miller qualified as independent executrix of her husband's estate. … Mrs. *581 Miller's burden is to establish the existence of a usurious contract.

Trammell Crow Central Texas, Ltd. v. Maria Gutierrez, Individually and as Representative of the Estate of Luis Gutierrez And Karol Ferman as Natural Parent and as Next Friend of Luis Angel Gutierrez

Texas Supreme Court · Aug 29, 2008

Nevertheless, these calculations, performed by a qualified expert, can be used to help a court resolve the difficult question of whether criminal conduct is reasonably foreseeable. 2. … Only three times in two years was a weapon clearly used to commit a robbery.

Ojo v. Farmers Group, Inc.

54 Tex. Sup. Ct. J. 1068 · Texas Supreme Court · May 27, 2011

When dealing with issues of policy, this Court has consistently deferred to the judgment of the Legislature, and has not created causes of action where the Legislature did not clearly express a desire to do so. … IT-Davy, 74 S.W.3d 849, 854 (Tex.2002) (similarly holding that in the realm of statutory waiver of sovereign immunity, it is the Texas Legislature’s task to "weigh the conflicting public policies” in enacting statutes providing