Case law

West v. First Bap. Ch. of Taft

123 Tex. 388 · Texas Supreme Court · May 16, 1934

Evidence may be admissible as tending to prove a fact to be established without being sufficient of itself to support a finding of the fact. … There is nothing in the record to limit or qualify the grantor’s intention except the oral agreement that the notes would be held until the church was completed.

Mo-Vac Service Company, Inc. v. Primitivo Escobedo, Individually, San Juanita Escobedo, Individually, and Martha Escobedo, Individually and as Representative of the Estate of Fabian Escobedo

Texas Supreme Court · Jun 12, 2020

His verbal statements and interactions with me and other staff members demonstrated to me that he was clearly anticipating an eventual injury or death, but intentionally pressed for more production because … But a lit bomb tossed into a room of people is not merely substantially certain to inflict harm; it is purposive and thus easily qualifies as intentional.53 Our decision in Rodriguez v.

Boswell, Mickey

Texas Supreme Court · Dec 1, 2015

Therefore, the record clearly reflects a double jeopardy violation. … If it is the legislature’s intent to establish a civil remedy, we look to the factors articulated in Kennedy v.

In Re Reece

54 Tex. Sup. Ct. J. 1031 · Texas 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.

Simpson v. Canales

34 Tex. Sup. Ct. J. 487 · Texas Supreme Court · Apr 3, 1991

A trust account shall be established by the Master in a federally insured banking institution in Dallas County, Texas. … The scope of a court’s authority under Rule 53(b) to refer pretrial matters generally, and discovery matters in particular, has not been clearly defined.

Angela Horton and Kevin Houser v. the Kansas City Southern Railway Company

Texas Supreme Court · Jun 28, 2024

Although the sentence does not expressly limit its reference to state-provided remedies to those “with respect to regulation of rail transportation,” the sentence clearly imposes that limitation. … Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986) (directing that factual sufficiency review be clearly explained in detail). We turn now to that analysis based on the record in this case. D.

U-Haul International, Inc. v. Waldrip

55 Tex. Sup. Ct. J. 1345 · Texas Supreme Court · Aug 31, 2012

The mere existence of federal regulations does not establish the standard of care or establish gross negligence per se. See Omega Contracting, Inc. v. Torres, 191 S.W.3d 828, 842-43 (Tex.App.—Fort Worth 2006, no pet.) … In holding that the plaintiff had not presented legally sufficient evidence to establish the employer’s gross negligence, we reasoned that a plaintiff must “ ‘establish’ the defendant’s actual conscious indifference, rather

CVN Group, Inc. v. Delgado

46 Tex. Sup. Ct. J. 366 · Texas Supreme Court · Dec 31, 2002

We agree that an arbitration award cannot be set aside on public policy grounds except in an extraordinary case in which the award clearly violates carefully articulated, fundamental policy. … Once the lienholder *248 has filed suit, it must prove up the contract and the amount of the debt owed under the contract, the location of the property, the supplying of qualified labor or material, and the perfection of

Grasser v. Grasser

147 Tex. 404 · Texas Supreme Court · Dec 8, 1948

Graser promptly proceeded to probate the document as his will, procured appointment of herself as administratrix with the will annexed, qualify as such and file an inventory and appraisement, which was duly approved, including … However, in that case, the court made the following statement which may well be pertinent to the present case: "Clearly, the contract would have been void or voidable as to children of Mr. Johnson.

Calton, Allen Fitzgerald

Texas Supreme Court · Aug 26, 2015

These are clearly actions taken by Defendants their judicial and official capacities entitling them to both sovereign and judicial immunity. … QUALIFIED IMMUNITY Defendant possesses qualified immunity for the matters alleged in Plaintiffs Complaint. C.

Renfro Drug Co. v. Lewis

149 Tex. 507 · Texas Supreme Court · Dec 6, 1950

While the boundaries of the passageway may not be clearly defined across the entire floor space leased to Renfro, the passageway necessarily began in its west to east course and terminated in its east to west course in the … To so hold would impose upon her the burden of establishing her case beyond a reasonable doubt.

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

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

Jimenez, Pio Hilario

Texas Supreme Court · Dec 29, 2015

In a murder case, the identity of the accused must be established to a legal certainty, proof of the weapon alleged must be established, death must be proven as well as its cause. … The state of the evidence clearly weighs against finding egregious harm.

Angela Horton and Kevin Houser v. the Kansas City Southern Railway Company

Texas Supreme Court · Jun 30, 2023

crossings do not qualify as a “facility” under the Act, see Island Park, LLC v. … Although the sentence does not expressly limit its reference to state-provided remedies to those “with respect to regulation of rail transportation,” the sentence clearly imposes that limitation.

Galveston, Harrisburg & San Antonio Railway Co. v. State

77 Tex. 367 · Texas Supreme Court · Dec 13, 1889

The Legislature shall establish a uniform system of public free schools throughout the State.” “Section 6. … If the Legislature had not established a system of public free schools, or should now repeal all laws in force providing for their establishment and management, or for realizing from the perpetual fund an available fund for

Commission for Lawyer Discipline v. Mark A. Cantu

Texas Supreme Court · Oct 25, 2019

Texas Code of Judicial Conduct Canon 3(D)(2) states: A judge who receives information clearly establishing that a lawyer has committed a violation of the Texas Disciplinary Rules of Professional Conduct should … As a court-generated document, it can qualify as a public record.

Hyundai Motor Co. v. Vasquez

49 Tex. Sup. Ct. J. 420 · Texas Supreme Court · Mar 10, 2006

those qualified to serve, consistent with the right to a jury trial. 16 To that end, the Legislature has established general juror qualifications relating to age, citizenship, literacy, sanity, and moral character. 17 The … The court of appeals held that the trial court abused its discretion in excluding the *756 inquiry, agreeing with the Vasquezes that the proposed question “clearly focuses on the ability of the jurors to be fair,” 56 because

Kinney v. Barnes

57 Tex. Sup. Ct. J. 1428 · Texas Supreme Court · Aug 29, 2014

A permanent injunction restraining a theater owner from screening a film adjudicated to be obscene clearly applies only to that film, and others may be shown without the fear of contempt sanctions. … And, with respect to the advent of the Internet, the Court has gone further in championing its role as an equalizer of speech and a gateway to amplified political discourse, holding in Reno that there is “no basis for qualifying

Murphy Exploration & Production Company—usa, a Delaware Corporation v. Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst, and R. May Oil & Gas Company, Ltd.

Texas Supreme Court · Nov 30, 2018

And these requirements qualify such a well as one that ‘serves to counterbalance or to compensate for’ a triggering well on the adjacent property.” … And McBeath clearly was a stranger to any negotiations between Barrett and the Herbsts about terms of the Leases.

Fairfield Insurance Company v. Stephens Martin Paving, Lp Carrie Bennett, Individually and as Representative of the Estate of Roy Edward Bennett, and as Next Friend of Lane Edward Bennett, Cody Lee Bennett, and April Anne Bennett, Minors

Texas Supreme Court · Feb 15, 2008

Rather clearly, insuring against punitive damages impairs their purpose. B The next question is whether insuring against punitive damages is consistent with the manner in which they are assessed. … Texas Dep’t of Ins., 2005 Texas Liability Insurance Closed Claim Report 2, 5-6, 17 (2005). [59] For example, the Texas Tort Claims Act does not waive governmental immunity from punitive damages, Tex. Civ. Prac. & Rem.