Case law

in Re Stacey Bent and Mark Bent

59 Tex. Sup. Ct. J. 566 · Texas Supreme Court · Apr 1, 2016

We agreed with Toyota that the record clearly established Toyota never violated the trial court’s limine order. … Arriaga is prepared or qualified to answer that, then we can proceed in that regard. THE COURT: Yeah.

Nettye Engler Energy, Lp v. Bluestone Natural Resources II, Llc

Texas Supreme Court · Feb 4, 2022

We begin by consulting contemporaneous dictionaries and treatises, 41 both of which support the conclusion that the gathering system on the lease qualifies as a pipeline under the 1986 deed. … Comm’n, 568 S.W.2d 122, 124-26 (Tex. 1978) (referring to a gathering system as a “gas gathering pipeline” in discussing whether the system qualifies as a “utility” under a statute); First Nat’l Bank of Seminole v.

Roccaforte v. Jefferson County

54 Tex. Sup. Ct. J. 900 · Texas Supreme Court · Apr 29, 2011

A governmental body can raise a jurisdictional bar like immunity from suit whenever it pleases because “the trial court does not have— and never had — power to decide the case,” 21 thus making judgments forever vulnerable … If two-plus years qualifies as “timely asserted” or “as soon as possible” — at least in the context of a statutory notice requirement commanding action — then these phrases have been drained of all meaning. 26 Indeed, the

Zachry v. City of San Antonio

305 S.W.2d 558 · Texas Supreme Court · Oct 9, 1957

It was established as a municipal government many years prior to 1733 under the jurisdiction of the Crown of Spain. See Dittmar v. Dignowity, 78 Tex. 22 , 14 S.W. 268 . … "Clearly, the use of the subsurface and a portion of the surface of Travis Park for an underground garage is to use such part to aid in solving a problem created by new social conditions.

Perkins v. Ingalsbe

162 Tex. 456 · Texas Supreme Court · Jun 14, 1961

The District Court clearly has such power under the facts alleged." … In our case it was definitely established at the hearing on February 11, 1960, two days before the date of election, that Articles 1133 and 1134, supra, had not been complied with.

Hazelwood v. Rogan, Commissioner

95 Tex. 295 · Texas Supreme Court · Mar 17, 1902

We therefore *304 conclude that the relator is entitled to maintain his suit, and that if he has established his right he is entitled to the writ of mandamus for which he has prayed. … Clearly they acquired no right superior to his.

Warner Bros. Entertainment, Inc. Warner Bros. Technical Operations, Inc. D/B/A Warner Bros. Advanced Digital Services Tmz Productions, Inc. Ehm Production, Inc. D/B/A Tmz tmz.com And Elizabeth McKernan v. Robert Jones

Texas Supreme Court · May 8, 2020

The Court’s decision today not only reads the stringent sufficiency requirements for a Request right out of the statute, but under the precedent it establishes, every future defamation plaintiff will claim a casual tweet … The Court states that the press release “clearly communicated Jones’s desire that the false allegations in the article be removed or revised.”23 That can be true only if Jones’ denial of the statements TMZ reported in its

Cawley v. Allums

18 Tex. Sup. Ct. J. 200 · Texas Supreme Court · Feb 5, 1975

Though the Legislature has eliminated the word “substantially” from Section 15.02, it has retained the qualifying phrase “in accordance with his ability.” … It is perceived that the Legislature clearly recognizes that the paramount consideration in adoption proceedings is the welfare and best interest of the child.

Trust Co., Indp. Exctr. v. Bauereisen

132 Tex. 396 · Texas Supreme Court · Nov 30, 1938

The language clearly means that when the contingency should arise Eldridge would then determine what service's he required. … If there was any other employment under the control of Eldridge more suitable, it is not suggested by the record, and, as suggested above, we cannot read into the contract a covenant to establish any new business.

Employees Retirement System of Texas v. Duenez

52 Tex. Sup. Ct. J. 1060 · Texas Supreme Court · Jul 3, 2009

There is much argument with citation of many cases to establish the long-recognized general principle that no person may sue himself. … Just as an appeal to die Board of Trustees would qualify as a contested case, so too would the decision of a participant not to appeal. See Tex.

Alexander Dubose Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P.

540 S.W.3d 577 · Texas Supreme Court · Feb 23, 2018

timely filing a notice of appeal. 27 Although turnover orders necessarily follow an underlying final judgment, they must also be final and timely appealed to successfully confer appellate jurisdiction. 28 However, what qualifies … The issue, therefore, is narrowly confined to whether the provision of the Turnover Order directing funds into the registry can qualify as a mandatory injunction when a court has never determined the non-judgment debtor's

in Re the Honorable Karen Angelini

Texas Supreme Court · Feb 24, 2006

The Court acknowledges that the Respondent’s petition did not comply at the filing deadline with the requirements of the Texas Election Code, yet it refuses to grant the mandamus and hold that respondent did not qualify as … The Court should clearly state the rule of law established by its recent holdings. Texas has to live with the opinions in Francis , Holcomb , and this case.

Mitchell v. Castellaw

151 Tex. 56 · Texas Supreme Court · Jan 30, 1952

The defendants, Mitchell and Powers, petition for relief from the judgment of both courts below, establishing easements in favor of the plaintiff-respondents, Castellaw et vir., as owners of a corner filling station lot, … In the latter, there is ordinarily a common sense inference that the grant is meant to be qualified by *63 the specific reservation, and accordingly to that extent both should be allowed to stand. See also Word v.

Jane Roe v. Leighton Paige Patterson and Southwest Baptist Theological Seminary

Texas Supreme Court · Feb 14, 2025

Patterson’s explanation of the phrase “breaking her down” that appeared in that email as being a statement of his desire to meet with her (without the police present, but clearly, as was always … The donor letter accuses Roe of having made a false report to the police—that is, having committed a crime; if false, such a statement may qualify as defamatory per se.

In re Griffin

11 F. Cas. 7 · Texas Supreme Court · Apr 15, 1869

The case of unconstitutional imprisonment must be established by appropriate evidence. It cannot be inferred from the existence of a remedy for such a case. … The fifth section qualifies the third to the same extent as it would if the whole amendment consisted of these two sections.

Railroad Commission v. Sterling Oil & Refining Co.

147 Tex. 547 · Texas Supreme Court · Feb 16, 1949

That article provides that, “The Legislature * * * may proposé amendments to the Constitution, to be voted upon by the qualified electors * * * which proposed amendments shall be duly published once a week for four weeks, … The Railroad Commission is not required to establish a rule that is absolutely perfect.

American Honda Motor Co., Inc. v. Sarah Milburn

Texas Supreme Court · Jun 28, 2024

“a nullity,” according to our sister court, because it “gives a kind of legal imprimatur to the significance of compliance with federal standards,” “benefit[ting] the manufacturer.”15 The presumption “clearly … As a human-factors expert, Gill was qualified to testify about how people would interact with the detachable seatbelt system without having specialized experience in the automotive industry.

Buzar v. First National Bank of Greenville

67 Tex. 83 · Texas Supreme Court · Dec 3, 1886

In other words, the question is, whether the circumstances under which a participation in the profits exists may not - qualify the presumption, and satisfactorily prove that the portion of the profits is taken not in the … character of a partner, but in the character of an agent as a mere compensation for labor and services. * * * If the participation in the profits can clearly be shown to be in the character of agent,then the presumption of

Director of the Department of Agriculture & Environment v. Printing Industries Ass'n of Texas

23 Tex. Sup. Ct. J. 397 · Texas Supreme Court · Jun 4, 1980

It is argued that the court of civil appeals’ narrow, literal interpretation of the provision is contrary to established rules of constitutional construction. … On the contrary, this constitutional provision was clearly intended to remedy the past abuses. Interpretative Commentary, Tex. Const. Art.

Williams v. Davidson

43 Tex. 1 · Texas Supreme Court · Jul 1, 1875

But then the usage itself has been qualified by continually getting the aid to the claim of the County Court in fixing the rates of toll, which is itself inconsistent with the claim' of absolute right to the franchise. … Under the issue, it was incumbent on the plaintiffs to prove *40 such facts as would establish the bridge to be in and part of the public highway at the time the suit was brought; such affirmative facts as would establish