Case law

Chapa v. Garcia

848 S.W.2d 667 · Texas Supreme Court · Apr 7, 1993

Neither the evidence nor the documents tendered by Remington establish such a right. … Luis Chapa clearly established the relevance of and his need for the documents, by offering evidence demonstrating that the NBAR program had as its goal improvement of the defective fire control on the Model 700 and that

Williams v. Lara

44 Tex. Sup. Ct. J. 998 · Texas Supreme Court · Jun 28, 2001

But see Abington, 374 U.S. at 265 , 83 S.Ct. 1560 (Brennan, J., concurring) (suggesting that government may not employ religious means without clearly demonstrating the insufficiency of nonreligious means). … The propriety of the County’s purpose does not, however, immunize its actions from further scrutiny. We must also consider whether its actions in fact convey a message that endorses or inhibits religion.

Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal District

904 S.W.2d 621 · Texas Supreme Court · Sep 14, 1995

Even though we believe taxes due are clearly an obligation to a taxing entity that cannot be forgiven under article III, section 55, we do not believe section 11.433 extends such forgiveness. … Section 11.433 may be said to have some retroactive effect in that it allows an exemption to be established after taxes are assessed.

Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S Trust

Texas Supreme Court · Jan 31, 2025

Kyle Fagin Qualified Subchapter S Trust” (the KTA). The KTA designated Christy and Kyle as trustees of the Kyle Trust and named Kyle as the trust’s sole beneficiary. … Kyle contends that the KTA transferred title of the shares to him under the common-law rule that “parties can transfer securities without observing [Section 8.104] formalities if they clearly intend that the transfer take

In Re Puig

55 Tex. Sup. Ct. J. 13 · Texas Supreme Court · Jul 1, 2011

Section 5A(a) of the Probate Code provides a non-exclusive list of matters qualifying as “appertaining to” and “incident to” an estate administered in a statutory county court, including: “all actions for trial of title to … Because the administration of Alicia’s estate was initiated well before the real parties filed their Webb County lawsuit, the Fort Bend county court clearly attained dominant jurisdiction over Alicia’s estate and all matters

Brazos River Authority v. City of Graham

163 Tex. 167 · Texas Supreme Court · Oct 3, 1961

Clearly, a different legal relationship exists. … Clearly this was error.

Trammell Crow Central Texas, Ltd. v. Gutierrez

51 Tex. Sup. Ct. J. 1355 · Texas Supreme Court · Aug 29, 2008

Only three times in two years was a weapon clearly used to commit a robbery. … See, e.g., Robert Weisberg, Preventing Crime: Private Duties, Public Immunity, 2 J.L.

Grant v. Griffin

390 S.W.2d 746 · Texas Supreme Court · Apr 21, 1965

by which the duty of Suggs to Miss Grant was established and delineated. … Rather than deprive one citizen of due process, it would be far better and justice would more likely prevail in all automobile collision cases if this Court would clearly hold that the statute does not apply.

Hill v. Moore

85 Tex. 335 · Texas Supreme Court · Mar 4, 1892

Jowell never qualified as community survivor, nor was the estate of said Martha P. administered upon. “ On December 17, 1852, the said R. R. Jowell sold and conveyed said certificate, less 640 acres, to George W. … of the unwillingness of the empresario to grant that quantity of land to a single man. *345 The grants in the two cases referred to were both made before the passage of the colonization law of Coahuila and Texas, which clearly

Schwarz v. McCall

94 Tex. 10 · Texas Supreme Court · May 24, 1900

other sections notwithstanding he had abandoned his first, though he had never completed his term of residence of three years. .This proves too much; so that it is clear that it was intended that the language should be qualified … to reside upon it, or his vendee, who has never settled upon the land, to buy other lands within a radius of five miles of the original section, is to hold that they have departed from the spirit of the act and the well established

Storrie v. Houston City Street Railway Co.

44 L.R.A. 716 · Texas Supreme Court · Jun 13, 1898

, established or existing in other States.” … Such liens are ordinarily superior to all liens; except general taxes, and the authority of the Legislature to make them such is firmly established.

EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist.

554 S.W.3d 572 · Texas Supreme Court · Mar 2, 2018

The county maintains that EXLP's compressors in Galveston County are semi-permanent installations that often remain in place for years, and so they certainly should qualify under section 21.02. … The framework for valuation of dealer-held heavy equipment established in section 23.1241 ignores the physical location of any particular unit of inventory on any particular date.

Terrell v. McCown

91 Tex. 231 · Texas Supreme Court · Nov 22, 1897

Willis were appointed and qualified as executors on November 26, 1855, by taking the oath and filing a bond. … Enough has been stated to show that it was clearly a question of fact for the jury.

In re C.T.

59 Tex. Sup. Ct. J. 1134 · Texas Supreme Court · Jun 10, 2016

Thereafter, the Relators sought mandamus relief from the court of appeals and this Court, respectively, claiming the trial court clearly erred by (1) refusing, to return I.C. at the" conclusion of thé January 2014 adversary … If the trial court clearly erred in failing to return I.C. to the Relators following the January 20Í4 hearing, the Rela-tors are ■ being continuously denied the right to possession of I.C.

Maxim Crane Works, L.P. v. Zurich American Insurance Company

Texas Supreme Court · Mar 4, 2022

The parties and their insurance policies The parties have established the relevant facts by stipulation. … “Such an employer is immune from claims brought by a subcontractor’s employee because the employee’s exclusive remedy is his workers’ compensation benefits.” Id.

Evanston Insurance Co. v. ATOFINA Petrochemicals, Inc.

51 Tex. Sup. Ct. J. 1018 · Texas Supreme Court · Jun 13, 2008

But Evanston counters that ATOFINA fails to qualify as an additional insured under section III.B.6 because the language does not cover an additional insured for its own negligence. … We cite cases addressing both terms because, even if there is a difference, whatever qualifies as "arising out of operations” also qualifies under "with respect to operations,” the broader term. .Granite, 832 S.W.2d at 430

Nicole Van Dorn Preston, as Surviving Spouse and Personal Representative for the Estate of Lt. J. Wesley Van Dorn, Usn, Amy Snyder, as Surviving Spouse and Personal Representative for the Estate of Lt. Sean Christopher Snyder, Usn, Cheyenne Collins, as Surviving Spouse and Personal Representative for the Estate of Petty Officer 3rd Class Brian Andrew Collins, Usn, And Petty Officer 2nd Class Dylan Morgan Boone, Usn v. M1 Support Services, L.P.

Texas Supreme Court · Jan 21, 2022

In other circumstances, however, the pleadings alone will not establish the merit of such a plea. 22Vernco Constr., Inc. v. … M1 responds that a party’s immunity constitutes “pre- settlement” of liability and thus a court may submit its responsibility to the trier of fact under McDermott.

Lewis v. Ames

44 Tex. 319 · Texas Supreme Court · Jul 1, 1875

Is such a marriage in good faith shown clearly by the evidence in this case? … Potter ; when all these things, with many others tending to the same conclusion, are maturely considered, it can hardly be held that it has been clearly shown that a real marriage in good faith has been established, as the

Baty v. Olga Futrell, Crna, & Complete Anesthesia Care, P.C.

543 S.W.3d 689 · Texas Supreme Court · Feb 2, 2018

First, "less risky" neither establishes a standard of care nor indicates that how Futrell performed the block did not meet the standard of care. … An adequate report must explain the standard of care and how it was breached clearly enough for the trial court to conclude that the procedure used did not meet the standard. Dr.

McKee v. E. R. Stewar

139 Tex. 260 · Texas Supreme Court · May 13, 1942

Evidence in this case qualifies and explains Benjamin Roberson’s possession of the 4.4 acres and in our opinion clearly tends to prove that his possession of that part of the area within the enclosure was not hostile to the … Defendants in error to establish limitation title were required to prove cultivation, use or enjoyment of the land as *270 well as possession and adverse claim. Article 5510, Revised Civil Statutes of 1925; Peden v.