Case law

Jody James Farms, JV v. the Altman Group, Inc. and Laurie Diaz

Texas Supreme Court · Aug 12, 2015

None existed in this instance as there was no special relationship established. 17. … in counties, to the extent practicable, a crop insurance option based on area yields in a manner that allows an insured producer to qualify for an indemnity if a loss has occurred in a specified area

BMG Direct Marketing, Inc. v. Peake

49 Tex. Sup. Ct. J. 84 · Texas Supreme Court · Nov 18, 2005

been more willing, and rightly so, to apply the voluntary-payment rule in order to protect the sovereign's income stream because the rule's justification in the taxation context is an appropriate extension of the sovereign-immunity … (recognizing that in some cases the payor is allowed to recover a "voluntary" payment if "he clearly never intended to surrender his position"); West Tex. State Bank v.

Trapp v. Shell Oil Co.

145 Tex. 323 · Texas Supreme Court · May 15, 1946

With us, in civil cases, it means a due and orderly trial before the statutory number of men, properly qualified for such jury service, impartial, residing within the jurisdiction of the court, drawn and selected according … Morevor, the Supreme Court was there considering a collateral attack upon an order issued by the commisioners’ court in dividing the county into justice precincts, a matter which had been clearly committed to the discretion

Luna, Eleazar

Texas Supreme Court · Nov 3, 2015

Luna has clearly and consistently argued the search warrant affidavit is insufficient to support the magistrate’s determination Luna committed the offense of continuous sexual abuse of a young child (Appellant’s opening … The State qualified its “date” argument by arguing that under the law, the date in the indictment must be within the statutory limitations period, and in this case, the date was within the limitations period and not so

Williams v. Patton

821 S.W.2d 141 · Texas Supreme Court · Feb 5, 1992

The proper basis for today's decision is found in the well-established law of contracts unenforceable as against public policy. … One prescribed procedure required the establishment of discretionary guidelines for courts in setting child support. Child Support Enforcement Amendments of 1984, Pub.L.

Cadena Comercial USA Corp. D/B/A Oxxo v. Texas Alcoholic Beverage Commission

Texas Supreme Court · Apr 28, 2017

Our interpretation finds reinforcement in the broad meaning of “interest” established above. … But section 102.07(a), by its very terms, is much broader and applies to every person who meets the requirements to establish a prohibited interest.

Bally Total Fitness Corp. v. Jackson

53 S.W.3d 352 · Texas Supreme Court · Sep 27, 2001

None of the cases the dissent relies upon establishes such a per se rule. … Liberty Loan Corp . establish the bright-line rule the dissent advocates. 523 F.2d 349 (7th Cir.1975).

Conocophillips Company v. Kenneth Hahn

Texas Supreme Court · Dec 31, 2024

JUR. 3d Deeds § 13. 38 Instead, “[a]s a matter of longstanding common law, in the absence of any qualifying expressions, the covenant of seisin is read into every conveyance … Finally, contrary to Hahn’s contention, our cases do not require that the property description clearly specify whether the royalty is fixed or floating or identify the quantum of royalty being conveyed that would result in

AC Interests L.P., Formerly American Coatings, L.P. v. Texas Commission on Environmental Quality

Texas Supreme Court · Oct 6, 2016

Article I, section 19, is the traditional due process guarantee, which states: "No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by … The ERC rules clearly allow area sources to generate ERCs.

Davenport v. Garcia

834 S.W.2d 4 · Texas Supreme Court · Sep 9, 1992

Relator stated quite clearly that as former guardian ad litem she had and still has very strong views about the children’s interests. … The law presumes that it is not in the ward’s best interests for a guardian ad litem to supplant an otherwise qualified parent, next friend or guardian.

Darryl Paul Gamble v. State

Texas Supreme Court · Mar 26, 2018

(holding that appellant’s possession of property stolen during burglary, three days after the offense, qualified as “personal, recent, and unexplained possession” sufficient to support the appellant’s conviction). … Therefore, Appellant has not established that the admission of the photographs had a substantial or injurious effect on influencing the jurors.

United States Fidelity and Guaranty Co. v. London

7 Tex. Sup. Ct. J. 259 · Texas Supreme Court · Mar 4, 1964

The facts establish that each member was injured as the result of only one accident, and that the incapacities to each member were concurrent. … That the court did not hold the disabilities should be cumulative is clearly shown by its language.

City of Rockwall v. Hughes

51 Tex. Sup. Ct. J. 349 · Texas Supreme Court · Jan 25, 2008

The Court implicitly limits the word “action” to mean dispositive action— when a city formally denies a petition — but the Court cites nothing to explain why nondispositive action fails to qualify. … The remedy for abuse of the sparsely-populated-area exemption is arbitration, which subsection (i) clearly authorizes. IV. Conclusion The statute in this case speaks for itself.

Cameron v. Cameron

26 Tex. Sup. Ct. J. 34 · Texas Supreme Court · Oct 13, 1982

The court further held the bare legal principle that a wife has no legal title in her husband's separate common law marital property could not be accepted in light of the benefits, incidents, and immunities recognized as … Separate personal property was not before the Court in Eggemeyer ; and any observation about "due process" was, in my opinion, clearly dictum.

MALOUFF, CHARLES ANTHONY Jr.

Texas Supreme Court · Dec 21, 2015

Mature technologies with well established operational cost and performance criteria are generally not appropriate for ESTCP. … Problem Statement: Clearly state the problem the technology demonstration is addressing and its relevance and importance to DoD.

Operation Rescue-National v. Planned Parenthood of Houston and Southeast Texas, Inc.

975 S.W.2d 546 · Texas Supreme Court · Oct 15, 1998

The evidence in this case clearly establishes that those measures, along with a cease and desist provision, were ineffective. … They clearly represent their goal, and they clearly use their tactics.

in Re State of Texas

466 S.W.3d 783 · Texas Supreme Court · Jun 22, 2015

Daly also argued that “the ‘marriage’ between Petitioner and Respondent is invalid . . . and the parties do not qualify for a divorce.” … Here, constitutionality was clearly in play; it was not a mere fanciful concern.

Daniel, Brandon

Texas Supreme Court · Jul 20, 2015

He entered the Walmart armed with a loaded firearm and magazine, clearly intending violence. … He took the loaded weapon “just in case,” clearly anticipating using violence against anyone who interfered with his criminal endeavor.

Ex Parte Tucci

36 Tex. Sup. Ct. J. 1154 · Texas Supreme Court · Jun 30, 1993

Clearly, they are content-neutral. … Only four states qualify the jury's role as being both “under the direction of the court” and “as in other cases.”

Coca-Cola Co. v. Harmar Bottling Co.

50 Tex. Sup. Ct. J. 21 · Texas Supreme Court · Oct 20, 2006

Of course, federal courts can impose federal law across state lines, but the question here is who can impose Arkansas or Louisiana law on a Texas business; it is hard to see why federal courts are more qualified to do that … [to] retail establishments outside the State of Texas.” Ill S.W.3d 287, 294 (Tex.App.-Texarkana 2003). 9 . Tex.R.