Case law

Millhouse v. Wiesenthal

32 Tex. Sup. Ct. J. 332 · Texas Supreme Court · Apr 19, 1989

Wiesenthal filed a motion for summary judgment, claiming that Millhouse failed to establish causation. … A judge is clearly in a better position to make this determination.

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

58 Tex. Sup. Ct. J. 1298 · Texas Supreme Court · Jun 26, 2015

Sovereign Immunity Sovereign immunity implicates a trial court’s jurisdiction, and, when it applies, precludes suit against a governmental entity. Tex. Dep’t of Parks & Wildlife v. … Town of Sunnyvale, 964 S.W.2d 922, 938 (Tex.1998) (stating that an ordinance “will violate substantive due process only if it is clearly arbitrary and unreasonable”) (emphasis in original); Garcia, 893 S.W.2d at 525 (determining

In Re Nolo Press/Folk Law, Inc.

991 S.W.2d 768 · Texas Supreme Court · Apr 15, 1999

The matter in Gomez was clearly administrative, and plaintiffs could obtain the relief they sought in no forum other than this Court. … Immunity The Committee, any member thereof, and any delegee thereof shall be immune from any suit for any conduct in the course of their official duties.

TEXAS DMHMR v. Petty by Kauffman

848 S.W.2d 680 · Texas Supreme Court · Apr 14, 1993

The Department further argues that, even if causation is established, no waiver of sovereign immunity occurs because the institutional treatment records are not tangible property under section 101.021(2) of the Tort Claims … Unfortunately, the Tort Claims Act does not establish clear lines between immunized and nonimmunized conduct. As we have repeatedly and with some exasperation noted, it is also ambiguous.

Frame v. Whitaker

120 Tex. 53 · Texas Supreme Court · Feb 18, 1931

Frame qualified and is the acting independent executor under the last will and testament of D. A. … This, clearly, if no other provision had been inserted, would vest the fee simple title in her.

Rabb v. Coleman

14 Tex. Sup. Ct. J. 440 · Texas Supreme Court · Jul 7, 1971

That she and Hernandez both had a right to be where they were when they were injured did not render them immune to the defense that they had voluntarily exposed themselves to the respective dangers. … The perilous condition was further qualified by specifying that it resulted from the gas escaping from the pop-off valve.

In RE CITY OF GALVESTON, TEXAS v. the State of Texas

Texas Supreme Court · May 7, 2021

Government Code Chapter 2260 establishes a mediation process for certain disputes between state agencies and their contractors. … this power is a heavy one. 4 The City urges that we have issued writs of mandamus to compel public officials to perform ministerial acts, and we should do so in this case. 5 An act is ministerial when the law clearly

Bland v. Orr

90 Tex. 492 · Texas Supreme Court · Mar 15, 1897

To establish public ferries whenever the public interest may require. *495 “3. To lay out and establish, change and discontinue public roads and highways. “4. To build bridges and keep the same in repair. “5. … The eighth subdivision more nearly relates to the question under consideration, than any other, and clearly that does not confer any authority over debts due the county.

Lemp v. Armengol

86 Tex. 690 · Texas Supreme Court · May 10, 1894

•Was it the intention to qualify the word “payment” as found in the contract, or the word “ value ? … Besides, the findings above set out were upon an issue of fraud in procuring the guaranty, which the defendants sought to establish.

City of Dallas v. Stewart

55 Tex. Sup. Ct. J. 271 · Texas Supreme Court · Jan 27, 2012

Of course, where the Legislature has made such a determination, due process still guarantees a qualified judicial review, but does not require that the review be de novo. Cf. City of Houston v. … Steele simply stands for the proposition that the Takings Clause is self-executing, and that sovereign immunity is waived for takings claims. See id. at 789 .

Roberts v. Connellee

71 Tex. 11 · Texas Supreme Court · May 29, 1888

The opinion of the court on the last appeal clearly estimates that if debts were shown to exist, all the executors, had they qualified, could have executed the provisions of the will without any orders from the court, and … if all were so empowered, the qualifying executor could so act alone.

In Re Lowery

999 S.W.2d 639 · Texas Supreme Court · Feb 13, 1998

In turn, Paragraph A of Subsection 6 authorizes the removal of any justice or judge of the courts established in art. V, § 1. This latter provision clearly encompasses justices of the peace: Sec. 1. … Ratification is then required by a majority of qualified voters casting votes on the issue.

Texas Department of Transportation v. Jones Bros. Dirt & Paving Contractors, Inc.

45 Tex. Sup. Ct. J. 937 · Texas Supreme Court · Jun 27, 2002

TxDOT answered and asserted sovereign immunity against Jones's original claims. … It is a fair question to ask why I continue dissenting from this Court's sovereign immunity jurisprudence concerning contracts when the Court so clearly decided this issue in Federal Sign v.

Bullock v. National Bancshares Corp.

22 Tex. Sup. Ct. J. 447 · Texas Supreme Court · Jun 20, 1979

A corporate holder of a bank certificate of deposit is clearly not a bank, but merely a creditor of the bank. Southview Corp. v. Kleberg First National Bank, 512 S.W.2d 817, 819 (Tex.Civ.App. … As explained in court opinions: “Exemptions from taxation claimed under legislative acts should be rigidly construed and established beyond a reasonable doubt.

Swinney, Green & Co. v. Booth

28 Tex. 113 · Texas Supreme Court · Dec 15, 1866

The jury were instructed that the burden of proof was upon the, claimant, and that it was incumbent upon her to establish the facts upon which she relied to sustain her claim to the property in controversy. … Hor should the evidence have been rejected, because .the witness qualified the certainty and conclusiveness of his reply to the question asked by adding, he had stated the facts, as to which he was interrogated, in conformity

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representative of the Estate of Kayla Shumake

Texas Supreme Court · Jun 23, 2006

The trial court further concluded that the Shumakes had established a waiver of immunity for their alternative claims of nuisance and attractive nuisance. [2] The court of appeals disagreed with some of the trial court’s … The court of appeals concluded that the Shumakes had not established the state’s waiver of immunity for claims of nuisance and attractive nuisance. 131 S.W.3d at 72-73.

Thomas v. Groebl

147 Tex. 70 · Texas Supreme Court · Jun 23, 1948

All doubts should be resolved in favor of the constitutionality of the Act, and this defect in the caption will not render it invalid unless it clearly appear that the caption is misleading as to the contents of the-Act. … It is sufficient, however, that we apply here the less extreme and well established rule of construction that statutes regulating the right to vote should be given a liberal interpretation in favor of that right.

Anderson v. City of Seven Points

806 S.W.2d 791 · Texas Supreme Court · Apr 17, 1991

An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion. Depoyster v. … court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla, and (4) the evidence established

Texas Employers Ins. Ass'n v. Hatton

152 Tex. 199 · Texas Supreme Court · Feb 11, 1953

While these cases deal with the right of an examination in the presence of the jury, nonetheless we think the holdings clearly encompass the right of the demonstration sought to be performed here. … It is well established in the jurisprudence of this state that in the absence of a statutory requirement to the contrary, an injured litigant cannot be compelled to submit himself or his injured parts to an examination by

Texas a & M University-Kingsville v. Lawson

45 Tex. Sup. Ct. J. 857 · Texas Supreme Court · Jun 20, 2002

Nevertheless, the plurality sidesteps recent precedent concerning sovereign immunity in breach-of-contract suits, wholly ignores established law that a suit for breach of a settlement agreement is independent of the settled … Although the contract at issue is a settlement agreement, the Legislature and this Court have clearly established that a settlement agreement is nevertheless a contract and is treated the same as any other written contract