Case law

Roach, Chance

Texas Supreme Court · Jul 2, 2015

Appellant objected, arguing that the statement did not qualify as a prior consistent statement. The trial court overruled the objection and admitted the statement into evidence. … theft), § 31.03 (Vernon Supp. 2014) (establishing offense of theft if person unlawfully appropriates property with intent to deprive owner of property).

Robert Kinney v. Andrew Harrison Barnes (a/K/A A. Harrison Barnes, A.H. Barnes, Andrew H. Barnes, Harrison Barnes), Bcg Attorney Search, Inc., Employment Crossing, Inc. and Jd Journal, Inc.

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

Owens-Corning Fiberglas Corp. v. Malone

972 S.W.2d 35 · Texas Supreme Court · Aug 25, 1998

threshold matter, Wasiak ar *45 gues that punitive damages are the functional equivalent of compensatory damages in wrongful death cases governed by Alabama law, and, consequently, this Court should not grant OCF constitutional immunity … but because the defendant failed to preserve error on the issue, there was not an adequate record to show a due process violation, or, whatever limits due process may impose on multiple punitive damage awards, that limit clearly

Mozee, Stanley Orson

Texas Supreme Court · Dec 9, 2015

The Record Also Establishes That ADA Jackson Did Not Disclose to Mr. … Jackson correct or qualify the highly misleading testimony given by Det. Berry at Mr. Mozee's trial the three store clerks Det.

Life Partners, Inc. and milkie/ferguson Investment, Inc. v. Michael Arnold, Janet Arnold, Steve South as Trustee and on Behalf of the South Living Trust, John S. Ferris, M.D., Christine Duncan, and All Others Similarly Situated

Texas Supreme Court · May 8, 2015

Expressly “declin[ing] to adopt the test established by the [D.C. … clearly foreshadowed.”

Dupree v. State

102 Tex. 455 · Texas Supreme Court · May 19, 1909

But if he has them in his possession with intent to pass -them as true, knowing them to be counterfeit, the intention qualifies the act, and such act may be justly made punishable. … That this feature of the statute is in contravention of the Constitution is clearly shown by that opinion.

Enron Corp. v. Spring Independent School District

39 Tex. Sup. Ct. J. 600 · Texas Supreme Court · May 10, 1996

We held this was clearly contrary to the constraints placed on the taxing authority by section 1. Id. See also State v. … —Austin 1948, writ ref d), the issue was whether the taxpayer was obligated to pay an intangible assets tax during the tax year in question and accordingly, whether it qualified for an exemption from a gross receipts tax.

Colorado County, Texas, R.H. "curly" Wied, in His Official & Individual Capacity v. Marc Staff

60 Tex. Sup. Ct. J. 397 · Texas Supreme Court · Feb 3, 2017

, Sheriff Wied asserted the disciplinary process satisfied the statutory requirements as a matter of law because (1) the allegations of misconduct were investigated and supported by evidence; (2) the Deficiency Notice qualified … Section 614.023 also does not resemble other statutes that clearly establish such a rule.”). 15 terminates or indefinitely suspends a covered employee based on

Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America

54 Tex. Sup. Ct. J. 822 · Texas Supreme Court · Apr 15, 2011

Moreover, Prudential has not established that Italian Cowboy waited an unreasonable length of time to terminate the lease. … We also held in Schlumberger that parties can execute "a release that clearly expresses the parties' intent to waive fraudulent inducement claims.” 959 S.W.2d at 181 .

in the Interest of L.M.I. and J.A.I., Minor Children

46 Tex. Sup. Ct. J. 1164 · Texas Supreme Court · Sep 18, 2003

“I designate MILES QUENTIN MONTEGUT and MONICA GAIL MONTEGUT , qualified persons, as managing co-conservators of the children. … But a witness’s lack of credibility cannot establish the opposite of his assertions. This is simple logic.

Romo, Edgar Alberto

Texas Supreme Court · Jun 25, 2015

Thus, at that point, any questioning by law enforcement intended to elicit an incriminating response qualifies as interrogation. … Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt. Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim.

Mosaic Baybrook One, L.P. and Mosaic Baybrook Two, L.P. v. Paul Simien

Texas Supreme Court · Apr 21, 2023

Summary judgment: Simien established a violation of section 13.505 of the Water Code. … The dissent contends that the MUD’s flat customer service charge—which Mosaic included in its “Water/Sewer Base Fee”—does not qualify as a “master- meter[ed]” charge because it is not “measured in gallons used.”

Debra C. Gunn, MD, Obstetrical and Gynecological Associates, P.A. and Obstetrical and Gynecological Associates, PLLC v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person

Texas Supreme Court · Dec 22, 2015

Section 18.001 affidavits do not, however, establish the requisite causal link between the occurrence and the plaintiff’s medical expenses. … Assuming that application of the Restatement factors is appropriate here, the factors do not clearly fall in favor of providing the instruction.

General Electric Co. v. Moritz

51 Tex. Sup. Ct. J. 1030 · Texas Supreme Court · Jun 13, 2008

The absence of handrails here was clearly not a concealed defect. … Other defenses—such as contractual assumption of risk, immunity, privilege, statute of limitation, and certain statutory defenses under the Uniform Commercial Code — are based on other policy considerations.

the Dallas Morning News, Inc. and Steve Blow v. John Tatum and Mary Ann Tatum

554 S.W.3d 614 · Texas Supreme Court · May 11, 2018

It then invite[d] the reader to see how Rosenthal "pulls it off" despite the assumption that one living in the affluent Park Cities would "never qualify." Id. at 437 . … Does the publication "clearly disclose[ ] the factual bases for" the statements it impliedly asserts? See Biospherics, Inc. v. Forbes, Inc. , 151 F.3d 180 , 185 (4th Cir. 1998).

Southwestern Bell Telephone Co. v. Public Utility Commission

21 Tex. Sup. Ct. J. 545 · Texas Supreme Court · Jul 26, 1978

The Commission and lower courts interpreted these provisions as establishing a dual rate base. … The PURA also establishes more specific standards in fixing a rate base than the general "fair value" language of Alvin.

Union Carbide Corporation v. Daisy E. Synatzske and Grace Annette Webb, Individually and as Representatives and Co-Executrixes of the Estate of Joseph Emmite, Sr., Joseph Emmite, Jr., Dorothy A. Day, Vera J. Gialmalva and James R. Emmite

Texas Supreme Court · Jul 3, 2014

Prince is a qualified, board-certified pulmonary specialist who served Joseph as his last treating physician; (8) In his report and testimony, Dr. … But we presume legislators intended to enact legislation fulfilling their clearly stated purpose rather than presuming they made a mistake that both diminishes the result they were seeking to obtain as well as arbitrarily

Citizens Insurance Co. of America v. Daccach

50 Tex. Sup. Ct. J. 474 · Texas Supreme Court · Mar 2, 2007

Third, Citizens argued that the trial court failed to adequately establish the class certification prerequisites. … Although the contours of the class did not “rest on whether the CICA policies qualify as securities or whether the policies were in fact sold or offered for sale from Texas,” and thus was not invalid as a traditional “fail-safe

Marks v. St. Luke's Episcopal Hospital

319 S.W.3d 658 · Texas Supreme Court · Aug 27, 2010

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.

U-Haul International, Inc. D/B/A U-Haul, U-Haul Co. of Texas, Inc. D/B/A U-Haul of Dallas, and East Fork Enterprises, Inc. D/B/A Jot 'Em Down, Inc. v. Talmadge Waldrip, Bernice Waldrip, Dinah Simington, and Anne Waldrip-Boyd

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. … 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