Case law

Heirs of Del Real v. Eason

374 S.W.3d 483 · Court of Appeals of Texas · Jun 7, 2012

In their first issue, appellants contend that appel-lee did not establish his affirmative defense of qualified immunity as a matter of law. … P. 166a(c) on his qualified immunity defense. Appellants’ issues on appeal are overruled. This Court’s Ruling The trial court’s judgment is affirmed. .

Berry v. Texas Democratic Party

449 S.W.3d 633 · Court of Appeals of Texas · Oct 24, 2014

Standard of Review The state generally enjoys immunity from suit and liability unless immunity has been clearly and unambiguously waived by legislative enactment or constitutional provision. See Reata Constr. Corp. v. … This provision clearly and unambiguously waives immunity from suit. The critical issues in this case are whether the statute provides any prerequisites to suit and whether TDP complied with such prerequisites.

S.C. San Antonio, Inc. v. Texas Department of Human Services

891 S.W.2d 773 · Court of Appeals of Texas · Feb 15, 1995

’s immunity from suit. … As we *778 note, however, limited review procedures have now been established by rule at 25 Tex.Ad-rain.Code §§ 29.609(g), (h) (1994). 8 .

In Interest of B-----M-----N

570 S.W.2d 493 · Court of Appeals of Texas · Aug 22, 1978

Section 13.03 provides that the court may appoint two or more experts qualified as examiners of blood types to make the blood tests and any party may employ other qualified examiners of blood tests if they so desire. … Conversely, such legislation has created an avenue for the establishment of paternity which was not clearly established in the past. The equal protection clause of the U.S.

Texas Department of Mental Health & Mental Retardation v. Lee

38 S.W.3d 862 · Court of Appeals of Texas · Feb 15, 2001

resolution. 15 “It is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language.” 16 We are mindful, however, that the rule requiring a waiver … a plaintiffs injury must have directly result *869 ed from the condition of the property. 37 Because the patient’s sexual assault was not the direct result of the hole in the fence, the court held the patient failed to establish

Denton County v. Howard

22 S.W.3d 113 · Court of Appeals of Texas · Jun 15, 2000

consent to sue the State. 5 The doctrine of sovereign immunity embraces two distinct principles: immunity from liability and immunity from suit. 6 Immunity from liability protects the State from judgment even if the Legislature … Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter. 22 This court has held that the Act clearly and unambiguously waives the State

City of Arlington v. Whitaker

977 S.W.2d 742 · Court of Appeals of Texas · Aug 31, 1998

The City contends that this response established its sovereign immunity as a matter of law under section 101.055 of the Act. … Conclusion We hold that the jury’s finding that Chief Burkins was responding to an emergency within the City’s emergency action ordinance established the City’s immunity from suit as a matter of law.

Frasher v. State

3 Tex. Ct. App. 263 · Court of Appeals of Texas · Jul 1, 1877

It clearly recognizes the distinction between citizenship of the United States and citizenship of a state. A person must reside within a state to make him a citizen of it. … The power as conferred in the first part of the section is without limitation, but in the latter part of the section is expressly restricted and qualified by the plain declaration that the rights conferred shall be enjoyed

Sipes v. City of Grapevine

146 S.W.3d 273 · Court of Appeals of Texas · Aug 31, 2004

If a motion clearly sets forth its grounds and otherwise meets rule 166a’s requirements, it is sufficient to raise both traditional and no-evidence grounds for summary judgment, even if the motion does not clearly delineate … Once the mov-ant establishes sovereign immunity as a matter of law, the burden of production shifts to the non-movant to establish a waiver of immunity. Thompson, 57 S.W.3d at 552 .

Saade v. Villarreal

280 S.W.3d 511 · Court of Appeals of Texas · Feb 26, 2009

In their second issue, appellants contend that the trial court erred in determining that they failed to establish their right to common law official immunity. … Examined together, the seven factors identified in Kassen support our conclusion that appellants have not established their entitlement to official immunity. 3. Dr.

Engelman Irrigation District v. Shields Brothers, Inc.

519 S.W.3d 642 · Court of Appeals of Texas · Jan 19, 2015

EID asserted in defense that the trial court lacked subject matter jurisdiction because of governmental immunity, but the trial court rejected that argument. … Here, the new “rule”—that is, the Tooke holding—clearly establishes a new principle of law and overrules clear past precedent upon which the litigants relied. See id.

Creps v. Board of Firemen's Relief & Retirement Fund Trustees

456 S.W.2d 434 · Court of Appeals of Texas · May 4, 1970

Unless clearly shown to the contrary, a reasonable basis for classification by the legislature will be presumed to have been found in favor of the statute. … The burden was upon the Board to establish its affirmative defense. 37 T.J. 2d, Sec. 204; Rule 94, Texas Rules of Civil Procedure.

Pickell v. Brooks

846 S.W.2d 421 · Court of Appeals of Texas · Mar 10, 1993

not independently establish a cause of action for damages; and (4) no contract existed between Pickell and the Board. … We do not see how Pickell qualifies under the Act as either a police officer or firefighter, but Pickell has not advanced the Act as the basis for her procedural due-process interest. Cf. City of San Antonio v.

Rosenberg Development Corp. v. Imperial Performing Arts, Inc.

526 S.W.3d 693 · Court of Appeals of Texas · Jul 6, 2017

We conclude, however, that the corporation does not enjoy governmental immunity from suit on these facts, and thus the plaintiff was not required to establish a waiver of immunity. … Thus, the issue is whether RDC qualifies as a “governmental unit” under subsection (D).

Bridges v. Texas a & M University System

790 S.W.2d 831 · Court of Appeals of Texas · May 24, 1990

privileges and immunities allowed private individuals and corporations. … Since appellants have failed to provide legal support that the State has waived its immunity to any of appellants’ causes of action except that action established through Workers’ *835 Compensation, we overrule appellants

Hartman v. Hardin Memorial Hospital

587 S.W.2d 55 · Court of Appeals of Texas · Jun 22, 1978

virtue of the doctrine of governmental immunity . . ..” … The summary judgment proof in the record before us clearly shows the defendant hospital is a publicly owned hospital and that the waiver of governmental immunity provided by the Tort Claims Act applies to it.

Midland County v. Avery

397 S.W.2d 919 · Court of Appeals of Texas · Dec 8, 1965

Of the qualified voters of the county in that year, 97.88 per cent resided in Precinct No. 1. … that “The United States shall guarantee to every State in this Union a Republican Form of Government * Amendment XIV, section 1 provides: “ * * * No State shall make or enforce any law which shall abridge the privileges or immunities

Penaloza v. Baptist Memorial Hospital

304 S.W.2d 203 · Court of Appeals of Texas · Jun 14, 1957

Defendant specially pleaded its immunity from liability to plaintiff, alleging that it was not liable for the alleged negligent acts of its nurses and employees in the performance of delegable duties, as a matter of law. … She testified that it was clearly marked on the box in which it was contained “Potassium Permanganate”.

Davis v. Houston Independent School District

654 S.W.2d 818 · Court of Appeals of Texas · Jun 21, 1983

Davis] was vague and did not clearly remember the exact circumstances, but she did say the boy was fighting another student and she walked over to intervene and the blow was accidental.” … However, the summary judgment proof does not establish as a matter of law (1) that Mrs.

Denton County v. Johnson

17 S.W.3d 46 · Court of Appeals of Texas · Apr 20, 2000

The legislature amended the Political Subdivisions Law again in 1989, requiring an election of remedies between the Anti-Retaliation Law and the Whistleblower Act, for which the Legislature had clearly *50 waived immunity … We also note that Louvier was decided under the Anti-Retaliation Law. as it applied before the Political Subdivisions Act was amended to clearly waive sovereign immunity for political subdivisions. .