Case law

In the Matter of M.C.L.

110 S.W.3d 591 · Court of Appeals of Texas · Jun 19, 2003

Rex “Doc” Lender, a shop supervisor with Travis County TNR Fleet Services, testified for the State but was never qualified as an expert. … of the evidence as to be clearly wrong.

First Baptist Church v. City of Fort Worth

17 S.W.2d 130 · Court of Appeals of Texas · Apr 10, 1929

The defendant, apparently in support-of its nul tiel corporation plea, introduced evidence to establish the noncompliance on the part of the city with the statutes regulating the incorporation of cities under the “Home Rule … was “not used exclusively” for charitable purposes, but of which a part thereof was rented out, was subject to taxation ahd further, that even though the proceeds be devoted exclusively to charity, this does not give it immunity

In re the Expunction of T.W.Y.

511 S.W.3d 127 · Court of Appeals of Texas · Jul 30, 2014

In his petition, T.W.Y. stated that he qualified to have his record cleared because the charges against him were dismissed by court order on April 2,1981. … Therefore, we conclude T.W.Y. failed to satisfy his bui-den establishing his entitlement to an expunction.

El Paso County Community College District v. City of El Paso

698 S.W.2d 248 · Court of Appeals of Texas · Oct 9, 1985

Article 1066e sets forth specific conditions and requirements which must be followed before a reinvestment zone will qualify for the issuance of tax increment financing or notes. … Under points of error one, two and three, the School District argues that the ordinance establishing the reinvestment zone is unconstitutional because it allows the City to pledge and use ad valorem tax revenues of the School

Butler v. Southwest Dairy Products Co.

146 S.W.2d 1036 · Court of Appeals of Texas · Jan 9, 1941

and unambiguous as to be susceptible to only one construction, namely, that any effective extension of said restrictions must have been signed by the owners of a majority of all of the lots in said addition, counting as qualified … However, it has been uniformly held that if an instrument is not clearly unambiguous, the rule should not be permitted to defeat an intention and understanding which can be clearly proved by parol.

International Ass'n of MacHinists Union, Local No. 1488 v. Federated Ass'n of Accessory Workers

109 S.W.2d 301 · Court of Appeals of Texas · Jul 22, 1937

, by union members only if such acts are peaceful, lawful, and the persuasion has the objective of inducing others to accept, alter, quit, or relinquish, any pursuit of employment; but it does not give them privilege or immunity … these cited authorities make manifest, appellants’ reiterated contention, that their picketing was permissible because of a claimed dispute between the 9 disaffected ones of them and Beard & Stone as their employer, is clearly

Canon v. Rasbury

21 S.W.2d 76 · Court of Appeals of Texas · Apr 17, 1929

One, Cottle County, Texas, be established in accordance with Art. 2922a, Revised Statutes of Texas, 1925, as amended by Chapter 78 First Called Session, 40th Legislature, 1927, and the said district is by this order established … Appellants contend that the record shows clearly that the three common school districts were attempted to be consolidated to form the Chalk rural high school district No. 1 in Cot-tle county, and as no election was held therefor

Chambers v. State

523 S.W.3d 681 · Court of Appeals of Texas · May 4, 2017

government has some “purpose for requiring” the record that was falsified, there is no language anywhere in the statute explicitly stating that a record must be “required” by a government entity in order for the record to qualify … The investigator directed Avalos to follow Chambers' instructions and, according to Avalos, the investigator told him that he would be "given immunity” for doing so. .

Elrod v. Elrod

517 S.W.2d 669 · Court of Appeals of Texas · Dec 31, 1974

Appellee, a qualified real estate appraiser, established a value of $40,000.00 for the homestead tract. This opinion was based on his experience and knowledge of the tract in question. Such evidence is competent. … Further, we hold that the trial court’s finding is not so contrary to the great weight and preponderance of the evidence as to be clearly wrong and Unjust.

City Nat. Bank of San Saba v. Penn

92 S.W.2d 532 · Court of Appeals of Texas · Feb 19, 1936

Shortly after Mike Houston qualified as independent executor, some of the devisees became dissatisfied and wanted him to give bond. … by judgment or which may yet be established by judgment."

Schmidt v. Schmidt

261 S.W.2d 892 · Court of Appeals of Texas · Oct 22, 1953

Schmidt, having qualified as trustee under the trust deed and executor in the will, died March 13, 1950. , Joe A. … Schmidt qualified as successor trustee under the trust deed and as successor executor and trustee under the will and was so acting when this suit was instituted. While the above described suit was pending, Joe A.

Lathem v. State

514 S.W.3d 796 · Court of Appeals of Texas · Jan 12, 2017

The State fails to explain how Appellant could waive her right to self-representation through acquiescence when she never possessed it. 75 Under the waiver doctrine, the State must clearly establish that Appellant knew she … In our discussion of the State’s second reason related to Appellant’s “acquiescence,” we noted that under the waiver doctrine, the State must clearly establish that Appellant knew she possessed the right to self-representation

Reagins v. Walker

524 S.W.3d 757 · Court of Appeals of Texas · Mar 7, 2017

She said that Reagins apparently made too much money to qualify for mediation at the DRC. 4 Walker also testified that Reagins had not provided her with information concerning his health insurance coverage. … In reviewing the factual sufficiency of the evidence, we consider all of the evidence and set aside the judgment only if it is so contrary to the overwhelming weight of the evidence that it is clearly wrong and manifestly

Warren v. Premier Oil Ref. Co. of Texas

173 S.W.2d 287 · Court of Appeals of Texas · Jun 25, 1943

As qualified and approved it is materially different from what the bill would have been had it been approved as tendered. … The material issues presented by this case and the pleadings thereof are clearly referable to and controlled by the law of negligence.

Murray v. Harris

112 S.W.2d 1091 · Court of Appeals of Texas · Jan 10, 1938

Harris, the duly elected, qualified, and acting sheriff of -Carson county, alleging that during the month of April, 1935, appellant was a resident of Potter county and was induced by appellee to accept appointment as deputy … The character of the suit should be clearly stated and the court placed in possession of the alleged slanderous matter, with such in-nuendoes as are necessary to explain its meaning. Sisler v.

Marts Ex Rel. Marts v. TRANSPORTATION INS.

111 S.W.3d 699 · Court of Appeals of Texas · Jun 19, 2003

TIC contends that expert medical testimony is required to establish that workplace emissions were a cause of Charles’s fatal asthma attack and that Dr. … The purpose of the summary judgment rule is to provide a method of summarily terminating a case when it clearly appears that only questions of law are involved and that there are no genuine issues of fact. Lattrell v.

Simpson v. Pontotoc Common County Line School Dist. No. 31

275 S.W. 449 · Court of Appeals of Texas · Jun 6, 1925

While the very existence of a municipal corporation (such as a county) is subject to legislative control, yet its property, owned or held for other than strictly governmental purposes, is hot so subject, and even more clearly … The Constitution which establishes the principle of equality and uniformity in taxation therefore expressly sanctions this method of its accomplishment.

Pittsburgh Corning Corp. v. Caldwell

861 S.W.2d 423 · Court of Appeals of Texas · Aug 19, 1993

This information falls squarely within the language of Rule 503(b)(4), and is clearly privileged and not subject to production. … In that case, the Supreme Court held that in order to qualify as a “representative” under Rule 503, the employee must be one who actually has authority to hire counsel and to act on counsel’s advice on behalf of the client

St. Louis, B. & M. Ry. Co. v. Broughton

212 S.W. 664 · Court of Appeals of Texas · Mar 18, 1919

We conclude that all of the testimony objected to was clearly relevant and admissible, and that the objections urged to its admission were frivolous and wholly without merit. … Pile had not returned to the state for a sufficient length of time to become a qualified juror." We think the testimony of J. H. Pile shows that he was in fact a qualified juror.

Austin v. McCary

297 S.W. 1097 · Court of Appeals of Texas · Jun 25, 1927

The case was tried before the court without the aid of a jury, and judgment rendered in favor of appellee for $2,821.13 and established the same as an unsecured and noninterest-bearing deposit, and payable out of the guaranty … We think that case and the instant case are clearly distinguishable. In that ease the tax collector deposited the tax moneys, including his commissions, in a guaranty fund bank, which became insolvent and was closed.