Case law

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

in Re Ford Motor Company

57 Tex. Sup. Ct. J. 1027 · Texas Supreme Court · Jul 3, 2014

Their damages must be established and are distinct from those of the estate. … However, the bad-faith exception clearly implies that at least some derivative parties can be distinct and separate plaintiffs.

Scott v. Farmers & Merchants National Bank

97 Tex. 31 · Texas Supreme Court · Jun 15, 1903

Clearly a conveyance made by an insolvent corporation for the benefit in whole or in part of its directors is fraudulent as against its creditors. … There were several things done after that that qualified that contract very materially. “The addendum that I spoke of- was rescinding that contract and releasing Mr. Moore from it.

in the Interest of J.W., a Child

Texas Supreme Court · May 27, 2022

The order must establish the actions the parent must take to get his child back. … The Department cannot use service plans to expand the statutory grounds for termination in areas—such as endangerment—where the statute already speaks quite clearly.

In Re Rose

144 S.W.3d 661 · Texas Supreme Court · Nov 5, 2004

Moreover, removal for such misconduct is well-established in other states. … The only exception to that effective date concerns the 1999 amendments to Government Code Section 33.006, which provides for absolute quasi-judicial immunity from liability for Commission officials.

Hawes v. Foote

64 Tex. 22 · Texas Supreme Court · Jul 1, 1885

Whether the testator meant the qualifying words used in the clause of the will in question, “ they may have in possession at the time of my death,” should apply to and limit the broad significance of the words, “ all of my … “There is no more clearly established rule of construction, as applicable to wills, than that words, or clauses of sentences, or even whole paragraphs, may be transposed to any extent, with a view to show the intention of

Southwestern Bell Telephone Co. v. Marketing on Hold Inc.

53 Tex. Sup. Ct. J. 322 · Texas Supreme Court · Feb 19, 2010

The Court states that it is not deciding whether an assignee can ever be an adequate class representative, but if STA doesn’t qualify it is hard to imagine who would. … Clearly non-cash remedies have not been ruled out, and the testimony of STA’s employee does not indicate otherwise.

In Re Smith Barney, Inc.

975 S.W.2d 593 · Texas Supreme Court · Oct 15, 1998

Gilbert, 2 Smith Barney argued *595 that New York was a more appropriate forum for the action because plaintiffs’ pleadings and the affidavits and deposition testimony submitted with the motion established that all of the … Railway Express Agency, 3 an action by a corporation qualified to do business in Texas cannot be dismissed on the basis of forum non conveniens.

Texas Department of Family and Protective Services; Stephanie Muth, in Her Official Capacity as Dfps Commissioner; Texas Health and Human Services; Cecile Erwin Young, in Her Official Capacity as Hhsc Executive Commissioner; Corrections Corporation of America; And the Geo Group, Inc. v. Grassroots Leadership, Inc.; Gloria Valenzuela; E.G.S., for Herself and as Next Friend for A.E.S.G.; F.D.G., for Herself and as Next Friend for N.R.C.D.; Y.E.M.A., for Herself and as Next Friend for A.S.A.

Texas Supreme Court · May 30, 2025

To qualify for a license, a new “family residential center” must satisfy the rules governing “general residential operations,” with a few exceptions. … As we put it last summer: “[M]ootness is difficult to establish.

Barber v. Colorado Independent School District

38 Tex. Sup. Ct. J. 902 · Texas Supreme Court · Jun 22, 1995

(Although Barber's privacy and free speech claims under the Texas Constitution are significant, I would dispose of this case on the grounds clearly presented by the Texas ERA.) … This Court today upholds this decision, immunizing the school boards of Texas from claims of gender discrimination. *456 Since 1972, the Texas Constitution has included an Equal Rights Amendment providing that "[e]quality

Jennings, Gary Don

Texas Supreme Court · Dec 16, 2015

the proof is in the pudding The due process violation is preponderantly established; the exhibits clearly suffice. … Art, V, Sec. 1, of the Tk Const. established jurisdiction.

Exxon Mobil Corporation, Whm Custom Services, Inc., and Disa, Inc. v. Gilberto Rincones

60 Tex. Sup. Ct. J. 1054 · Texas Supreme Court · May 26, 2017

For Rincones to prevail here, he must first establish a prima facie case of race or national-origin discrimination by showing: (1) he is a member of a protected class; (2) he was qualified for his position; (3) he suffered … We address the two appealed causes of action in turn, but note that some of Rincones’s arguments are not clearly delineated between the two claims.

Hastings Oil Co. v. Texas Co.

149 Tex. 416 · Texas Supreme Court · Nov 15, 1950

The conditions were that two designated concerns, the one qualified to make the survey and the other furnishing the man power, were to take over a drilling rig, equipment and supplies *422 which petitioner, Hastings Oil Company … of inspection be had, surely the lesser evil of a temporary invasion of one’s possession should yield to the higher good of establishing justice.”

West Orange-Cove Consolidated I.S.D. v. Alanis

46 Tex. Sup. Ct. J. 724 · Texas Supreme Court · May 29, 2003

Clearly, if the State merely authorized a tax but left the decision whether to levy it entirely up to local authorities, to be approved by the voters if necessary, then the tax would not be a state tax. … additional ad valorem tax to be levied and collected within all school districts for the further maintenance of public free schools, and for the erection and equipment of school buildings therein; provided that a majority of the qualified

In the Interest of H.S., B.S., and M.S., Children

Texas Supreme Court · Jun 5, 2026

The Department assigned a Family-Based Safety Services specialist and established a safety plan, which did not allow Father to have unsupervised contact with the children. … See In re J.O.A., 283 S.W.3d 336, 345 (Tex. 2009) (“[A] parent’s use of narcotics and its effect on [their] ability to parent may qualify as an endangering course of conduct.”).

John A. Lance, Debra L. Lance, F.D. Franks, and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray, Butch Townsend and Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1

543 S.W.3d 723 · Texas Supreme Court · Mar 23, 2018

They thus qualified as proper summary-judgment evidence, and the trial court did not err by relying on them. See, e.g., Stark v. Morgan, 602 S.W.2d 298, 304 (Tex. Civ. App.—Dallas 1980, writ ref’d n.r.e.) … While we agree that the Lance’s briefing on this point is less than robust, they do clearly assert that “rulings concerning ownership, both for and against, must be presented and determined under Trespass to Try Title principles

Tom Alexander, Individually, and Alexander & McEvily v. Turtur & Associates, Inc., Mario Turtur, Steve Turtur, and Turtur & Associates

Texas Supreme Court · Aug 27, 2004

App. 1994) (expert witness usually required to establish causation); Sommers v. McKinney , 670 A.2d 99, 104 (N.J. Super. Ct. App. … Clearly, Peterson = s testimony does not support the inference that, had omitted evidence been presented, there would have been a different result in the underlying trial.

Yeaman v. Galveston City Company

106 Tex. 389 · Texas Supreme Court · Jun 3, 1914

owner of fifteen shares of the twenty-four *406 shares entitled under by-laws to vote as the renewed certificate shares represented on the stock ledger; elected himself and his office force, a share transferred to each to qualify … They were the company itself, invested with full ownership of its outstanding stock, and their status as shareholders established.

Lee Marvin Sanders and Matthew Sodrok v. the Boeing Company, Kidde Technologies, Inc., and Jamco America, Inc.

Texas Supreme Court · Dec 1, 2023

Dist., 706 F.2d 645, 651–52 (5th Cir. 1983) (rejecting argument that “article 5539a was designed to reach only a ‘wrong court’ sort of lack of jurisdiction” because “‘wrong court’ was so clearly used to mean ‘a court of … We conclude that, as between the two, these actions qualify as the “first” and “second” actions under Section 16.064. 16 Based on the statute’s plain language, we conclude that Section 16.064(a)(1) requires what it

In Re TXU Electric Co.

45 Tex. Sup. Ct. J. 268 · Texas Supreme Court · Dec 31, 2001

The circumstances presented here clearly fall within that category. … A state baseball tournament qualifies. [108] So should electric deregulation. Chief Justice Phillips's concurring opinion makes two other arguments that are wholly lacking in merit.