Case law

Ken Paxton, Attorney General of Texas v. City of Dallas

509 S.W.3d 247 · Texas Supreme Court · Feb 3, 2017

The City failed to establish that disclosure would cause such harm to the City’s own interests that the need to avoid the harm is so important and urgent that reasonable minds can only conclude that it clearly outweighs the … If, for example, the facts establish that requested information is in a government employee’s personnel file and its "disclosure would constitute a clearly unwarranted invasion of personal privacy,” section 552.102 excepts

Wiener v. Zweib

105 Tex. 262 · Texas Supreme Court · Jun 5, 1912

Williams qualified and has since been acting as executor of his will, free from the control of the Probate Court. Smith, as the record shows, died in 1897. … Clearly if the power of sale was suspended, the sale had thereunder was likewise suspended.

Willis v. Maverick

31 Tex. Sup. Ct. J. 569 · Texas Supreme Court · Jul 6, 1988

writes: "[p]ostponement of accrual of the cause of action until the client discovers, or should discover, the material facts in issue vindicates the fiduciary duty of full disclosure; it prevents the fiduciary from obtaining immunity … This court has clearly held that a lawyer's unconscionable conduct is actionable under the DTPA. DeBakey v. Staggs, 612 S.W.2d 924 (Tex.1981).

Galbraith Engineering Consultants, Inc. v. Pochucha

52 Tex. Sup. Ct. J. 974 · Texas Supreme Court · Jun 26, 2009

Such a construction would defeat the recognized purpose for statutes of repose, that is, the establishment of a definite end to the potential for liability, unaffected by rules of discovery or accrual. … Because application of the revival statute in this instance effectively renders the period of repose indefinite, a consequence clearly incompatible with the purpose for such statutes, we conclude that the Legislature intended

Jones v. Traders & General Insurance

140 Tex. 599 · Texas Supreme Court · Feb 17, 1943

Causal connection must be established between the injury and the death. … It clearly appears from he testimony of Dr. Collins that he reached the conclusion that Jones was insane or “out of his mind” solely because of his belief that anyone who would commit suicide is “off balance.”

Birchfield v. Texarkana Memorial Hospital

31 Tex. Sup. Ct. J. 36 · Texas Supreme Court · Oct 28, 1987

Accordingly, we find no basis for Wadley’s claims of immunity or exemption from D.T. P.A. liability. … A plaintiff establishes her standing as a consumer in terms of her relationship to a transaction, not by a contractual relationship with the defendant. Flenniken v.

City of McAllen v. Evangelical Lutheran Good Samaritan Society

19 Tex. Sup. Ct. J. 57 · Texas Supreme Court · Nov 12, 1975

Inasmuch as this would seem to comport with proper administrative procedures and the evidence was clearly to the effect that the inability to pay for one's health care was never any obstacle to admission (as seen by the high … I am unsure of the rule the Court has now established governing the exemption from taxation of charitable institutions, and of what has been done to our established precedents.

Ford Motor Co. v. Castillo

52 Tex. Sup. Ct. J. 570 · Texas Supreme Court · Apr 3, 2009

The trial court clearly understood Ford’s request and just as clearly refused to grant it: the court told Ford that it refused to disturb the jurors and offered Ford nothing more than encouragement in conducting an informal … Like any other breach of contract claim, a claim for breach of settlement agreement is subject to the established procedures of pleading and proof. Mantas v.

State v. One (1) 2004 Lincoln Navigator, Vin 5lmfu27rx4lj28242

59 Tex. Sup. Ct. J. 1103 · Texas Supreme Court · Jun 10, 2016

If it qualifies as contraband under Chapter 59, then it “is subject to seizure and forfeiture.” See id. art. 59.02(a). … Thus, the Court’s more recent jurisprudence, and its now well-established cost-benefit analysis, controls our analysis.

Southern Pacific Company v. Castro

493 S.W.2d 491 · Texas Supreme Court · Mar 28, 1973

A finding of negligence would clearly mean that the jury had rejected the evidence of excuse relied upon by the violator. … This problem will not be solved and may even be magnified by attempting to instruct the jury concerning the provisions of Art. 6701d, § 86, and excuses raised by the evidence that qualify under Impson .

Eggemeyer v. Eggemeyer

554 S.W.2d 137 · Texas Supreme Court · Jul 13, 1977

As appears from the section’s second sentence, section 14.05(a) carried forward into the Family Code what was well established by judicial precedent: § 14.05. … The court was overbroad in its statement that the divorced husband owed family obligations to the divorced wife as distinguished from their children, but the court clearly recognized the limitations upon divesting title:

Maurice N. Leibman M.D. v. Cleveratta Waldroup and James Waldroup, Individually and as Next Friends of R. W., a Minor

Texas Supreme Court · Jun 6, 2025

of the TMLA because a claimant could easily isolate a specific act by a health 4 care provider that could be characterized as distinct from medical care or health care: Clearly … The gravamen of the Waldroups’ claim is that a physician in the course of providing medical care to a patient for general anxiety disorder committed negligence by making statements he allegedly was not qualified to make.

In Re Francis

49 Tex. Sup. Ct. J. 297 · Texas Supreme Court · Jan 27, 2006

First, the record establishes that Francis’s application and petition complied in all respects with all statutory requirements, except that 27 pages of his 225-page petition lacked one requirement — the designation of a place … section 141.032 is indisputably designed to assure that candidates are properly qualified to be nominated as a party’s candidate for the general election, that is not the only reason for the provision.

Burrow v. Arce

42 Tex. Sup. Ct. J. 932 · Texas Supreme Court · Jul 1, 1999

The Clients also contend that their lack of actual damages has not been established as a matter of law. … Credentials qualify a person to offer opinions, but they do not supply the basis for those opinions.

City of Galveston v. Mann

135 Tex. 319 · Texas Supreme Court · Oct 23, 1940

Both the series of bonds in the amounts above stated have been authorized by the action of the City Council and by the vote of the qualified voters of the City. … It is established law that mandamus will not issue to compel a public officer to perform an official act unless the relator has shown a clear legal right to its performance at the hands of such officer.

Simmons v. Arnim

110 Tex. 309 · Texas Supreme Court · Mar 20, 1920

It may be questioned whether as a matter of public law such a judgment creditor ought to be required to bring about the appointment as guardian of some qualified person willing and able to give a heavy bond and assume the … Property lawfully subject to the payment of just debts is not immune from judicial process for that reason. It is a consequence which inheres in the enforcement of judgments.

Todd Shipyards Corp. v. Texas Employment Commission

153 Tex. 159 · Texas Supreme Court · Dec 9, 1953

Obviorsly by the time this statement arrived, the corresponding benefit claims were already established and paid and the stated charges made. … generally that the orders of the Commission are presumptively valid would not be to say that, once they are shown to have been made without observing the requirements of the governing statute they yet enjoy the same relative immunity

In Re J.Y.O., a Child

Texas Supreme Court · Dec 31, 2024

establishing there was no intention to make a gift.” 68 67 And that is what happened in Cockerham. … To overcome the gift presumption, Hakan was required to 88 Id. at 168. 89 684 S.W.3d at 803. 21 put on evidence “clearly establishing there was no intention to make

City of Houston v. Quinones

142 Tex. 282 · Texas Supreme Court · Feb 2, 1944

We think the facts in that case are clearly distinguishable from those in this case. … The statement of the juror as to his experience in operating a mowing machine was clearly jury misconduct.

Kimball v. Houston Oil Co.

100 Tex. 336 · Texas Supreme Court · Feb 13, 1907

That the plaintiffs failed to establish by credible testimony that Isam Parmer paid a valuable consideration for the land. “9. … of such statutes has *343 arisen from the strong determination of the courts that frauds should be suppressed; and as the policy of the registration acts has thus, to a great degree, been counteracted, it has been so far qualified