Case law

West Orange-Cove Consolidated I.S.D. v. Felipe Alanis, in His Official Capacity as the Commissioner of Education

Texas Supreme Court · May 29, 2003

In 1993 Senate Bill 7 established the "share the wealth" provision. … Such divergent opinions among highly qualified lawyers and judges indicates that the test is unsatisfactory. 7.

Great American Insurance Company and Great American Lloyds Insurance Company v. Glen Hamel and Marsha Hamel

60 Tex. Sup. Ct. J. 1257 · Texas Supreme Court · Jun 16, 2017

On the one hand, the insurer may overcome the presumption by demonstrating that, even though the plaintiff and insured defendant did not enter into any formal, written agreement, the evidence nonetheless establishes that … The parties also presented evidence and testimony bearing on whether the Damage Trial qualified as “fully S.W.2d at 943.

Crawford, Scott Ellery Jr.

Texas Supreme Court · Jun 19, 2015

Webre clearly warranted a de novo review of the search warrant affidavit by the appellate court. However, in this case such a practice is clearly not justified. … importantly, the magistrate would have no means to determine from the four- corners of the search-warrant affidavit what tests were administered, how many clues were observed, what the clues indicated, if the officer was even qualified

Diversion Lake Club v. Heath

126 Tex. 129 · Texas Supreme Court · Oct 2, 1935

The common law rule as to the right' of fishing in navigable nontidal streams was not adopted by the act of 1840 for the additional reason that such rule was clearly inconsistent with Article 5302, Revised Civil Statutes … Rep., 732 ) discusses in detail the respective rights of the public and riparian owners to fish in the navigable rivers of that state, and holds void as in violation of a constitutional guaranty of equal privileges and immunities

Kia Motors Corp. v. Ruiz

57 Tex. Sup. Ct. J. 375 · Texas Supreme Court · Mar 28, 2014

Kia also argues that FMVSS 208 clearly governs that risk. … Unlike Cooper Tire, however, the Ruizes did not rely on “the mere fact that the [air bag] failed” to establish a design defect. Id.

Rodney Draughon v. Joycie Johnson

Texas Supreme Court · Jun 11, 2021

She also objected to each of Draughon’s affidavits, contending that the licensed psychological associate failed to qualify as an expert and the other affidavits were conclusory. … Parties may combine traditional and no-evidence motions in a single hybrid filing and attach evidence so long as they clearly set forth their grounds and otherwise meet the requirements for each motion. See Merriman v.

In re Lee

56 Tex. Sup. Ct. J. 1247 · Texas Supreme Court · Sep 27, 2013

The MSA gives Benjamin the exclusive right to establish the child’s primary residence, and it gives Stephanie periodic access to and possession of the child. … The decisions below ignore clearly expressed legislative intent, undermining the Legislature’s goal of protecting children by eroding parents’ incentive to work collaboratively for their children’s welfare.

in Re Globalsantafe Corporation

Texas Supreme Court · Dec 5, 2008

This law does not clearly conflict with federal maritime law. … medical science. [74] The requirement that a qualified reader find a profusion grading of 1/0 or 1/1, found in section 90.004(a)(3)(A), assures that the reader has found at least some abnormality in the x-ray. [75] All of

Moore v. Smith

12 Tex. Sup. Ct. J. 475 · Texas Supreme Court · Jun 25, 1969

(There is also excepted from this conveyance the strip of litigated land which, under terms of Grantor's purchase, he became entitled to acquire when his grantors shall have established their claim to the same.) … The Trustees severally shall hold their positions as such until their respective successors shall be properly designated and qualified.

Mid Continent Aircraft Corp. v. Curry County Spraying Service, Inc.

21 Tex. Sup. Ct. J. 481 · Texas Supreme Court · Jul 12, 1978

The question presented is whether a suit for recovery of damages to an airplane that was physically damaged in a crash landing can qualify as a products liability case upon proof that the crash was caused by an unreasonably … The trial court's findings in this case establish all of those facts.

Cline v. Niblo

117 Tex. 474 · Texas Supreme Court · Jun 25, 1928

. *479 Miss Ethel Niblo, the unmarried daughter, was appointed administratrix of her mother’s estate, and qualified as such. … But, be that as it may, the sale of the homestead property was to payy all the debts of the estate, including those clearly not chargeable against it.

Centerpoint Energy Resources Corp. v. Fernando Ramirez and Minerva Ramirez

Texas Supreme Court · Feb 11, 2022

Customer and Applicant’ are used interchangeably” and broadly defined to “mean a person or organization utilizing services or who wants to utilize services to CENTERPOINT[.]” 26 CenterPoint asserts that the Ramirezes qualify … matter of law and enforceable against a customer’s ordinary negligence claim. 41 In so holding, we observed that the limitation was narrowly drawn in that it applied to a specific set of circumstances and did not broadly immunize

Henry Schein, Inc. v. Stromboe

46 Tex. Sup. Ct. J. 103 · Texas Supreme Court · Oct 31, 2002

software was “designed, developed, programmed, manufactured, and shipped from Dallas, Texas.” 32 Regarding the plaintiffs’ several other claims, the court said: we remain mindful that appellees’ tort-related claims are clearly … The plaintiffs contend that they have established “class-wide rebanee” on misrepresentations made by Schein, but this is not supported by the record.

in Re Christianson Air Conditioning & Plumbing, LLC and Continental Homes of Texas, Lp

Texas Supreme Court · Feb 4, 2022

Drugg, 221 S.W.3d 569, 584 (Tex. 2007). 7 commerce, if disputed, should not be disallowed merely because that discovery is also relevant to whether the defendant qualifies as a … Having concluded that the court of appeals clearly erred in restricting discovery more than Rule 120a requires, we next consider whether mandamus relief is a proper remedy.

State v. Thomas

32 Tex. Sup. Ct. J. 203 · Texas Supreme Court · Feb 15, 1989

Elementarily, mandamus is an extraordinary remedy available only when both of two prerequisites are clearly established. First, relator must show either a clear abuse of discretion or a violation of his clear right. … I therefore do not consider whether each of the entities qualifies as an agency of the State. .There is some doubt whether the Attorney General actually does represent all the “state agencies" he claims to represent in these

Jesse C. Ingram, ph.D. and Behavioral Psychology Clinic, P.C. v. Louis Deere, D.O. and Hillvale Medical Group Association D/B/A Hillvale Medical Association

Texas Supreme Court · Jul 3, 2009

Co. , 191 S.W.2d 716, 722 (Tex. 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.

City of Deer Park v. State Ex Rel. Shell Oil Co.

275 S.W.2d 77 · Texas Supreme Court · Jan 5, 1955

The citation clearly evidences that by the use of the words "this Act" it was intended to mean, not this amendment, but the original Validating Act which was being amended. … Article 974 reads as follows: "When a majority of the inhabitants qualified to vote for members of the State legislature of any territory adjoining the limits of any city incorporated under, or accepting the provisions of

Saenz v. Fidelity & Guaranty Insurance Underwriters

925 S.W.2d 607 · Texas Supreme Court · Aug 16, 1996

Woodruff, 901 S.W.2d 434 (Tex.1995), we held that mental anguish damages could not be awarded without either “direct evidence of the nature, duration, dr severity of [plaintiffs’] anguish, thus establishing a substantial … It was not that plaintiffs’ concerns were not real or understandable; clearly they were. Plaintiffs proved worry, anxiety, vexation and anger, but failed to prove that their distress involved more than these emotions.

Brent Edward Webster v. Commission for Lawyer Discipline

Texas Supreme Court · Dec 31, 2024

The court of appeals held that neither the separation-of-powers doctrine nor sovereign immunity required dismissal. Id. at 691, 699, 702. … If there were an established practice of subjecting public lawyers—and especially state attorneys general—to catch-all provisions like Rule 8.04(a)(3) for alleged misrepresentations in initial pleadings, we would expect a

FM Properties Operating Co. v. City of Austin

22 S.W.3d 868 · Texas Supreme Court · Aug 24, 2000

The criteria "qualified" and "neutral" were well-suited for this narrow purpose. … In addition, other sections of the Water Code clearly establish that the TNRCC has "general jurisdiction over water and water rights" and the state's water-quality program, and that the TNRCC has the power to perform any