Case law

Roberts v. Longley

41 Tex. 454 · Texas Supreme Court · Jul 1, 1874

Longley testified “ that she was acting in the capacity of surviving wife of her dead husband;” and it is argued that this testimony, in the absence of other evidence, establishes conclusively that she had properly qualified … If the facts requisite to give her that authority existed, they certainly could easily have been established.

City of Lubbock v. Austin

25 Tex. Sup. Ct. J. 167 · Texas Supreme Court · Feb 3, 1982

Answer: ‘The City of Lubbock clearly abused its discretion’; or, ‘The City of Lubbock did not clearly abuse its discretion’. Answer: The City of Lubbock clearly abused its discretion. … The Austins have not established that the City’s actions in widening the street were unreasonable or arbitrary as a matter of law.

Werner v. City of Galveston

72 Tex. 22 · Texas Supreme Court · Mar 20, 1888

This also appears by article 505, which reads, “ The incorporated cities in this State are hereby authorized to establish free libraries in such city,” etc., and clearly embraces all cities. … The court who rendered those decisions could not say the act was clearly unconstitutional, nor can Ave so declare.

Canadian Helicopters Ltd. v. Wittig

876 S.W.2d 304 · Texas Supreme Court · Jun 15, 1994

As CHL has not established its right to relief by mandamus, we deny its petition for writ of mandamus. HECHT, J., dissents, joined by GONZALEZ, J. . … Two of the original plaintiffs in this suit claimed to have established part-time residency in Texas subsequent to the crash.

Persimmon Ridge Partners EO, L.P., Russ Vandenburg, and Martha Vandenburg v. Fannie Mae

Texas Supreme Court · Aug 10, 2015

Here, the filing of the lien affidavit, regardless of its validity as a perfected lien, qualified as an encumbrance, since it clearly casted a cloud on the property’s title. … Code Ann. § 181.004 provided condemnation power in general terms, that language did not clearly and unambiguously identify waiver of immunity. Dallas Area Rapid Transit v. Oncor Elec. Delivery Co. Lie, 2010 Tex. App.

Bird v. W.C.W.

37 Tex. Sup. Ct. J. 329 · Texas Supreme Court · Jan 5, 1994

In addition to the judicial proceedings privilege, the Family Code also affords immunity to those reporting abuse. … By providing such immunity, the legislature has established a public policy which encourages the reporting of the abuse of a child.

State v. Paul Reed Harper

Texas Supreme Court · Jun 29, 2018

The Court correctly concludes that neither the TCPA nor Chapter 87 clearly and unambiguously waives the state’s immunity. Ante at ___. … Because the legislature has not clearly and unambiguously waived immunity in the TCPA, the Court cannot genuinely claim to be promoting the legislature’s purpose by judicially abrogating immunity the legislature has not

Jim Olive Photography, D/B/A Photolive, Inc. v. University of Houston System

Texas Supreme Court · Jun 18, 2021

The University answered and filed a plea to the jurisdiction, asserting its immunity from suit under the doctrine of sovereign immunity. … Clearly, in some circumstances it is. See, e.g., Ruckelshaus, 467 U.S. at 1003–04 (extending Fifth Amendment guarantee to trade secrets).

Texas Department of Transportation v. Albert Lara, Jr.

Texas Supreme Court · Jun 25, 2021

at 650 (majority opinion). 17 Id. at 651–652. 7  II “The TCHRA waives immunity … , but only when the plaintiff states a claim for conduct that actually violates the statute.” 18 To prevail on a claim of immunity, the governmental defendant may “challenge[] whether the plaintiff has alleged facts that

Neighborhood Centers Inc. v. Doreatha Walker

544 S.W.3d 744 · Texas Supreme Court · Apr 13, 2018

to "(1) improve student learning; (2) increase the choice of learning opportunities within the public school system; (3) create professional opportunities that will attract new teachers to the public school system; (4) establish … When Section 12.103(a) is read in context with the CSA's other provisions, it clearly means that charter schools are generally subject to the same laws as public schools, but there are exceptions.

Texas Department of Criminal Justice v. Miller

44 Tex. Sup. Ct. J. 963 · Texas Supreme Court · Jun 21, 2001

We must decide whether the plaintiff has established waiver of sovereign immunity from suit under the Texas Tort Claims Act by demonstrating that the injury was caused by use of tangible personal property. TEX. CIV. … , and to express more clearly its intent as to when it directs that governmental immunity is waived." [18] Seven years later we complained in Salcedo v.

Humble Oil & Refining Co. v. Westside Investment Corp.

11 Tex. Sup. Ct. J. 399 · Texas Supreme Court · May 1, 1968

Westside argues that the letter of May 2nd “clearly evidences Humble’s intent to accept the offer only if Westside would agree to an amendment to the terms of its original offer.” (Emphasis added.) … It is clearly established by the decisions that a qualified or conditional acceptance of an offer does not raise a contract because the minds of the parties do not meet in agreement upon the same terms.

Dallas Cty. Mental Health and Mental Retardation v. Bossley

968 S.W.2d 339 · Texas Supreme Court · Jun 23, 1998

Clearly, plaintiffs' claims against Dallas County MHMR and the individual defendants all arise out of the same actions and occurrences. … Conversely, foreseeable injury resulting from the use or condition of the doors is almost established as a matter of law.

City of Felly v. Harris County Water Control & Improvement District No. 7

145 Tex. 443 · Texas Supreme Court · Nov 27, 1946

over any of their territory because, as a municipal corporation, it may serve the same purposes as they were established to serve. … There is nothing in Article 1182a to indicate an intent on the part of the Legislature to establish a new general policy in this respect.

Clapp v. Engledow

72 Tex. 252 · Texas Supreme Court · Dec 11, 1888

On direct examination they qualified as to their knowledge of Barrett’s character for truth, and after testifying that it was bad, on cross-examination each was shown to know nothing on the subject. … The suit in its effect is clearly like an action to try title to the land, for a judgment establishing the deed would conclude the defendants as heirs at law of the grantor, Mrs. Amanda Johnson.

University of Texas Southwestern Medical Center v. Loutzenhiser

47 Tex. Sup. Ct. J. 869 · Texas Supreme Court · Jul 9, 2004

Loutzenhiser argues that Stephen’s father’s telephone call to the Medical Center provided the required notice, but it clearly did not. … In creating the right of a governmental unit to appeal from the denial of a plea to the jurisdiction, the Legislature clearly assumed that at least some requirements of the Tort Claims Act’s waiver of immunity are jurisdictional

Miller v. Letzerich

121 Tex. 248 · Texas Supreme Court · Apr 6, 1932

This rule in its application became so unjust and oppressive that courts which originally announced adherence to it have very generally qualified it until its original intendments have been largely nullified, and as applied … “It is established by repeated decisions of this court that neither of these provisions of the Federal Constitution has the effect of overriding the power of the State to establish all regulations reasonably necessary to

Greg Abbott, in His Official Capacity as Governor of the State of Texas John Scott, in His Official Capacity as Secretary of State of Texas The State of Texas v. Mexican American Legislative Caucus, Texas House of Representatives Roland Gutierrez Sarah Eckhardt Ruben Cortez, Jr. Tejano Democrats

Texas Supreme Court · Jun 24, 2022

They further argued that MALC failed to plead a viable claim on the merits and thus failed to establish a waiver of sovereign immunity. … However, mootness is difficult to establish.

Galveston City Co. v. Sibley

56 Tex. 269 · Texas Supreme Court · Feb 14, 1882

If not only the loss, but also the destruction of the instrument and the ownership of the plaintiffs, should be clearly shown, then, if required at all, it would, as a general rule, be but nominal. … That until such superior title shall be so established to be in some other party, this decree shall entitle the said plaintiffs, their heirs, legal representatives or assignees, to the rights, powers, benefits, immunities

Griffin v. Hale

131 Tex. 152 · Texas Supreme Court · Feb 9, 1938

Griffin my nephew all the rights and immunities to the deferent properties herein willed and bequeathed to my wife S. P. Griffin, he T. M. … Griffin, Jr., his nephew, qualified as independent executor and took charge of the estate. T. M. Griffin, Sr., and wife left no children.