Case law
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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 timesPublished163 Tex. 49 · Texas Supreme Court · Dec 13, 1961
In the Sanderson case, a private citizen sued, through the county attorney, to remove a county trustee on the grounds that he was not qualified for office. … The language in question was used to state a general principle only and was clearly dicta in the case.
Cited 15 timesPublishedTexas Supreme Court · Apr 16, 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 timesPublishedTexas Supreme Court · Jan 17, 2014
As a result, gas utilities in Texas “are by definition monopolies in the areas they serve” and are thus immune from “the normal forces of competition that regulate 6 prices … If a statute is worded clearly, we must honor its plain language, unless that interpretation would lead to absurd results.”); City of Round Rock v.
Cited 0 timesPublished24 Tex. Sup. Ct. J. 212 · Texas Supreme Court · Feb 4, 1981
This clearly means the prevailing market price at the time of the sale or use. Vela, supra, at 871 . … The market value of gas may be established by expert testimony. Once experts qualify, their testimony is to be considered by the fact finder.
Cited 133 timesPublishedLaster v. First Huntsville Properties Co.
826 S.W.2d 125 · Texas Supreme Court · Apr 22, 1992
The divorce decree clearly awards the family homestead rights. … If Melissa no longer qualifies for a family homestead, her single homestead would relate back to the time of the creation of the family homestead for the family of her and her children. Renaldo v.
Cited 107 timesPublished43 Tex. Sup. Ct. J. 910 · Texas Supreme Court · Jun 22, 2000
Doe was clearly uninformed about the screening required before a child is placed in the home of prospective parents or the continued supervision after the child is placed. … More importantly, reading the sparse information contained in the pamphlets about adoption or raising a child is not the equivalent of meaningful counseling from a qualified source.
Cited 64 timesPublishedTexas Supreme Court · Jun 17, 2015
In the instant case, trial counsel clearly established that he was: (1) being forced to proceed without the normal use of his physical and mental faculties; (2) "too ill" to proceed to trial; (3) under the "disabling" … Barfield specifically contends the error of displaying a MADD plaque in the instant case was error of constitutional magnitude and that such error is immune from a harm analysis.
Cited 0 timesPublishedKathleen Powell & Paul Luccia v. City of Houston, Texas
Texas Supreme Court · Jun 4, 2021
It is the burden of the challenging party to demonstrate clearly that the ordinance is unreasonable and arbitrary. City of San Antonio v. Pigeonhole Parking of Tex. … Thus, we do not hold—as our concurring colleagues maintain—that an ordinance must expressly regulate an activity other than property development to qualify as zoning. See post at __.
Cited 0 timesPublishedAmmonite Oil & Gas Corporation v. Railroad Commission of Texas and Eog Resources, Inc.
Texas Supreme Court · Jun 28, 2024
Drainage is not and never has been required to establish “waste.” … “If the commission finds that the applicant did not make a qualifying offer, it lacks jurisdiction over the petitioner’s application and must dismiss it.” R.R. Comm’n v.
Cited 0 timesPublishedTexas Supreme Court · Mar 21, 2014
We cannot interpret a contract to ignore clearly defined terms, see Frost Nat’l Bank, 165 S.W.3d at 313, and, thus, we must accord Net Energy its due meaning. … In essence, the contracts allocate the risk of curtailment and congestion to FPL by clearly establishing that such events affect contract obligations only in certain instances not found here.
Cited 0 timesPublishedTexas Supreme Court · Jun 19, 2026
But as we find the statute, the syntactical differences do not convince us that the Legislature clearly repudiated the common-law materiality requirement for omissions. … We thus find little force in the State’s insistence in its briefing that the categories are demarcated clearly and distinguished easily.
Cited 0 timesPublishedTexas State Board of Examiners in Optometry v. Carp
8 Tex. Sup. Ct. J. 254 · Texas Supreme Court · Feb 17, 1965
Clearly the objections to the pleadings, and the Relators' motion for instructed verdict presented questions which required the *421 exercise of discretion by the trial judge. … doing your Plaintiffs do not admit the validity of said `Professional Responsibility Rule" or any part thereof." [6] Compare the reasoning supporting the rule of federal and state jurisdictions that public officials are immune
Cited 40 timesPublishedIn RE RUDOLPH AUTOMOTIVE, LLC D/B/A RUDOLPH MAZDA AND RUDOLPH CHEVROLET, LLC v. the State of Texas
Texas Supreme Court · Jun 16, 2023
“Issues establishing or negating liability control over the issue which apportions, rather than establishes, negligence.” Beltran v. Brookshire Grocery Co., 358 S.W.3d 263, 269 (Tex. App. … To avoid any doubt, we again said it clearly: “Incurable argument is . . . rare.” Id. at 681.
Cited 0 timesPublishedTexas Supreme Court · Nov 2, 2015
To Qualify under Rule 803(8), the proponent must show that the document is authentic. See Porter v. Texas Dept. of Public Safety, 712 S.W.2d 263, 265 (Tex. App. San Antonio 1986, no writ); Tex. … In Armstrong, the Supreme Court does not clearly define what constitutes “some evidence.”
Cited 0 timesPublished999 S.W.2d 342 · Texas Supreme Court · May 27, 1999
Then, in Twyman , the supreme court further commented on the abrogation of interspousal immunity: In Bounds v. … Caudle , this court unanimously abolished the doctrine of interspousal immunity for intentional torts. *384 Ten years later, we abrogated interspousal immunity "completely as to any cause of action," including negligence
Cited 159 timesPublishedIrving W. Marks v. St. Luke's Episcopal Hospital
Texas Supreme Court · Aug 28, 2009
Whether the failure of that equipment qualifies as a health care liability claim depends on whether that failure constitutes a departure from accepted standards of safety under article 4590i. Id . … Doyle’s affidavit does not clearly indicate what caused him to recognize for the first time that his client had a health care liability claim.
Cited 0 timesPublished543 S.W.3d 755 · Texas Supreme Court · Mar 23, 2018
No dispute exists regarding the combined total of wells subsection 11.1(1)(ii) encompasses that qualify as either (1) "TCEQ production area baseline wells in KVD Production Area 1" or (2) "any other wells in the production … According to the evidence at trial, the TCEQ requires only a single sample to establish baseline quality.
Cited 399 timesPublishedDitto v. Ditto Investment Company
158 Tex. 104 · Texas Supreme Court · Jan 22, 1958
Ragsdale, supra [ 142 Tex. 476 , 179 S.W.2d 295 ], it was held that if the transaction, that is, the assignment be "a simulated one for the purpose of circumventing the statute, thus ostensibly qualifying an otherwise incompetent … Ragsdale, 142 Tex. 476 , 179 S.W.2d 291 , which we cite, is clearly not itself evidence that the transfer was intended to be without legal effect.
Cited 39 timesPublishedTexas Supreme Court · May 27, 2011
Even the Office of the Attorney General—“the law firm of Texas” itself—is not wholly immune from the jurisdictional confusion. … Clearly not.
Cited 0 timesPublished
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