Case law

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  • Island Recreational Development Corp. v. Republic of Texas Savings Ass'n

    29 Tex. Sup. Ct. J. 351 · Texas Supreme Court · May 7, 1986

    Island paid $40,000 for a loan commitment letter under which Republic was to fund mortgages to qualified purchasers of Sea Cabins Condominiums at 133/8 percent interest. … Further, the evidence does not establish such conduct. Neither waiver nor estoppel was conclusively established.

    Cited 368 timesPublished
  • Todd v. Willis

    66 Tex. 704 · Texas Supreme Court · Nov 12, 1886

    application made by some creditors of the estate they were required by the probate court to give a bond, which failing to do they were removed from the administration, and that, thereupon, the appellant was appointed and qualified … The grounds on which the appellee seeks to sustain the judgment of the court below, are thus clearly stated in the brief of his counsel: 1.

    Cited 14 timesPublished
  • Jones v. Williams

    121 Tex. 94 · Texas Supreme Court · Dec 23, 1931

    constitutional basis for the enactment of measures of this character, except section 10 of article 8, *98 authorizing the release of taxes in cases of great public calamity, and the present attorney general, in keeping with the established … The Acts of 1842 and 1866 clearly imposed penalties. Gammel’s Laws: vol. 2, p. 778; vol. 5, p. 1052; vol. 6, p. 378.

    Cited 126 timesPublished
  • Valero Transmission, L.P. v. Dowd

    960 S.W.2d 642 · Texas Supreme Court · Jul 14, 1997

    There is also a subjective prong for establishing the party-communication privilege, which is whether the party claiming the privilege believed in good faith that litigation would ensue. … I agree that the record is insufficient to establish the attorney-client privilege.

    Cited 4 timesPublished
  • Terrazas v. Ramirez

    35 Tex. Sup. Ct. J. 256 · Texas Supreme Court · Dec 17, 1991

    Such a requirement would clearly be unreasonable. … "No 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 law of the land.” Id. § 19.

    Cited 154 timesPublished
  • Barrington v. Cokinos

    161 Tex. 136 · Texas Supreme Court · Jul 20, 1960

    .’ *139 “On August 12, 1950, the qualified voters of the City of Beaumont, at a bond election duly held for the purpose, authorized the City Council to issue serial bonds of the City in the amount of four million dollars … Appellants argue that this section is exclusive and establishes the only means by which the city may effectuate a grade separation program.

    Cited 144 timesPublished
  • Conlen Grain & Mercantile, Inc. v. Texas Grain Sorghum Producers Board

    18 Tex. Sup. Ct. J. 170 · Texas Supreme Court · Jan 15, 1975

    The referendum proposition was approved by 74.1 percent of those voting at the election, and the Texas Grain Sorghum Producers Board was established. … A reading of the Act clearly demonstrates that its primary purpose is to raise revenue, and not a regulation of the citrus fruit industry under the police power.

    Cited 38 timesPublished
  • George P. Bush, as the Land Commissioner of the Texas General Land Office v. Lone Oak Club, Llc

    Texas Supreme Court · Apr 24, 2020

    The Court’s construction of the 1837 Navigable Stream Statute in Motl was interpreted as categorizing a significant number of dry river beds as “navigable streams,” making these streams essentially immune to private conveyance … Refusing to follow the common law’s rule of State ownership at the line of mean high displaces a body of law that the Legislature clearly intended to adopt insofar as it was not inconsistent with the law already in place

    Cited 0 timesPublished
  • Roger Borgelt, Mark Pulliam, Jay Wiley, and the State of Texas v. Austin Firefighters Association, Iaff Local 975 City of Austin And Marc A. Ott, in His Official Capacity as the City Manager of the City of Austin

    Texas Supreme Court · Jun 28, 2024

    The dissent repeatedly asserts that one thing or another is “conclusively established” (or “shown” or “demonstrated”). We are not persuaded. … Something purely adverse to the public interest would presumably never qualify as predominantly serving the public interest.

    Cited 0 timesPublished
  • Haddock v. Arnspiger

    793 S.W.2d 948 · Texas Supreme Court · Sep 6, 1990

    Klein further testified that Arnspiger's performance of 235 colonoscope examinations did not mean that he was qualified or properly trained. … Bell, 517 S.W.2d 245, 252 (Tex. 1974), we declared that such expert testimony "is clearly admissible and may be necessary to the plaintiff's case."

    Cited 187 timesPublished
  • Westgate, Ltd. v. State

    36 Tex. Sup. Ct. J. 282 · Texas Supreme Court · Dec 2, 1992

    Mere bad judgment does not qualify as bad faith. Rather, a claimant must show a knowing “disregard” of their rights. Guerra, 258 S.W.2d at 69 . … Now the majority merely pays lip-service to such precedent, while clearly turning from it.

    Cited 253 timesPublished
  • Camacho, Christopher

    Texas Supreme Court · Jan 21, 2015

    From the dialogue mentioned above from the motion to suppress hearing, the Appellant clearly had shown through Akin’s testimony that the Cadillac would have been favorable and material to his analysis. … Appellant has not established a due course of law violation; thus, he has not established entitlement to an adverse-inference jury instruction. Moreover, Pena does not control. See Vasquez, 230 S.W.3d at 748-51.

    Cited 0 timesPublished
  • Pioneer Natural Gas Co. v. K & M PAVING CO.

    374 S.W.2d 214 · Texas Supreme Court · Dec 4, 1963

    These various pipeline apparatus were clearly visible to the men working on the road. … It was not established when this map work was done by Kirchoff.

    Cited 22 timesPublished
  • Ken Paxton, in His Official Capacity as Attorney General of Texas, and Greg Abbott, in His Official Capacity as Governor of Texas v. American Oversight

    Texas Supreme Court · Jun 27, 2025

    They argued that sovereign immunity bars the mandamus petition because American Oversight did not plead a viable claim of the State’s refusal to provide public information. … By its own terms, subsection (b) merely establishes a mandatory venue for the suits authorized by subsection (a).

    Cited 0 timesPublished
  • Manry v. Robison

    122 Tex. 213 · Texas Supreme Court · Dec 22, 1932

    These authorities, however, apply the rule above tidewater, which was clearly not admissible under the English common law. … They are not in point on the establishment of a common law rule that abandoned beds of navigable streams above tidewater are the property of the State.

    Cited 67 timesPublished
  • Unitedhealthcare Insurance Company Unitedhealthcare of Texas, Inc. v. Acs Primary Care Physicians Southwest, P.A. Hill County Emergency Medical Associates, P.A. Longhorn Emergency Medical Associates, P.A. Central Texas Emergency Associates, P.A. Emergency Associates of Central Texas, P.A. Emergency Services of Texas, P.A.

    Texas Supreme Court · Jan 13, 2023

    basis” for a damages action alleging a violation of the free speech and assembly clauses because there was no authority that either clause was 62 See Bouillion, 896 S.W.2d at 149 (“The text of section 17 waives immunity … “[a]s we have repeatedly recognized, a plaintiff does not lack standing simply because some other legal principle may prevent it from prevailing on the merits”. 119 That is because the “question whether a plaintiff has established

    Cited 0 timesPublished
  • Crosstex North Texas Pipeline, L.P., N/K/A Enlink North Texas Pipeline, Lp v. Andrew Gardiner and Shannon Gardiner

    59 Tex. Sup. Ct. J. 1455 · Texas Supreme Court · Jun 24, 2016

    To establish such a legal injury, the plaintiff must prove that the interference is substantial and the resulting discomfort or annoyance is unreasonable, but need not establish that the defendant’s conduct or land use … Finally, to establish an intentional nuisance, the plaintiff need not separately establish that the defendant’s conduct was also “unreasonable.”

    Cited 194 timesPublished
  • Parkway Co. v. Woodruff

    901 S.W.2d 434 · Texas Supreme Court · Jul 21, 1995

    The sale clearly conveyed goods, 7 but our focus is on whether the sale had a service element as well. … As a general matter, though, qualifying events have demonstrated a threat to one’s physical safety or reputation or involved the death of, or serious injury to, a family member.

    Cited 663 timesPublished
  • Sheppard v. Hidalgo County

    83 S.W.2d 649 · Texas Supreme Court · May 29, 1935

    It is expressly provided, and to be held as a condition of the release from the payment of such taxes, that the resident property taxpayers who are qualified voters of 'Hidalgo County shall by or before October 1, 1924, vote … It appears to have been clearly established in this state and all other states that when taxes once were duly assessed and levied against property in the manner provided by general laws for that purpose, and liability became

    Cited 8 timesPublished
  • Ramona Rogers, M.D., Modesto Zamorano, Stephanie Cumpian, Rolando Flores, Hector Ontiveros, Priscilla Nieto, Sonia Hernandez-Keeble, Blas Ortiz, Jr., David Moron, M.D., Jaime Flores and Rio Grande State Center v. David Saxon Bagley, Individually and as Representative of the Estate of Jeremiah Ray Bagley

    Texas Supreme Court · Jun 18, 2021

    In any event, even if we were inclined to read the phrase as a limitation, Bagley’s claims would qualify. See City of Monterey v. … Bland, 369 U.S. 663, 666 (1962) (“[A]ny state law, however clearly within a State’s acknowledged power, which interferes with or is contrary to federal law, must yield.”) (citing Gibbons v.

    Cited 0 timesPublished

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