Case law

Health Care Service Corp. v. East Texas Medical Center

495 S.W.3d 333 · Court of Appeals of Texas · Apr 29, 2016

At the temporary injunction hearing, ETMC did not qualify either witness as an expert. Hale’s and Dr. … Accordingly, their opinion testimony was limited to those opinions or inferences that were rationally based on their perceptions and were helpful to clearly understanding their testimony or determining a fact in issue.

Gest v. Dube

142 S.W. 965 · Court of Appeals of Texas · Dec 20, 1911

Article 2499 reads that: “If it shall appear that the said fence is insufficient, then the owner of such cattle, horses, hogs or other stock shall not be liable to make satisfaction for such damages.” [1] It clearly appears … This doctrine seems to be well established. In Sutherland on Stat. Const, it is said: “A statutory remedy or proceeding is confined to the very case provided for, and extends tó no other.

Bryant v. State

62 S.W.3d 266 · Court of Appeals of Texas · Nov 15, 2001

THE COURT: I think we’ve established what we need to establish here. During voir dire, Spector told the jury, “I work for Larry Coker. He’s an attorney here in Tarrant County. … Rather, the record clearly reflects that the trial court appointed Coker.

City of Dallas v. Holcomb

381 S.W.2d 347 · Court of Appeals of Texas · Jun 26, 1964

The point of "no evidence", however, is obviously not well taken because, even if the testimony of these two witnesses was completely destroyed, there were two other qualified witnesses (R. B. … Our further analysis of the entire record of testimony indicates rather clearly to us that appellant has not met this burden.

Cochran v. Cochran

43 Tex. Civ. App. 259 · Court of Appeals of Texas · May 17, 1906

Cochran was named in the will as executor, and had qualified as such before bringing this suit. L. L.' … The interest of the interveners in the portion of the estate decreed to Belle and Willie Cochran was established. Mrs. Zora Cochran and the minor, Fred Cochran, were adjudged to have no interest in the estate.

Stone v. Parker

446 S.W.2d 734 · Court of Appeals of Texas · Oct 8, 1969

His daughter, Ivon Parker, qualified as adminis-tratrix of his estate. As to the three Harris County lots conveyed to Luther Stone by Waitkus Trading Co., Gerald F. … Hipp (Tex.Sup.Ct.), 387 S.W.2d 656, at p. 659 , the Court said: “We recognize that a fact may be established as a matter of law by the testimony of an interested witness provided his testimony is not contradicted by another

Sells v. Texas Employers' Insurance Ass'n

794 S.W.2d 793 · Court of Appeals of Texas · Jun 18, 1990

In other words, TEIA takes the position that before we can consider evidence contrary to a jury non-finding, that evidence must be credible and immune to the trial jury’s power to disregard it. … To begin “this review,” Justice Doggett stated that the conclusion reached by the court of appeals was not established as a matter of law.

Groves v. Hanks

546 S.W.2d 638 · Court of Appeals of Texas · Dec 30, 1976

The other facts which were proven were established by undisputed evidence. … Since the error of the trial court affects only a part of the matters in controversy and that such part is clearly separable from the actions brought by Mrs.

Mulholland v. Jolly

17 S.W.2d 1109 · Court of Appeals of Texas · Apr 17, 1929

It was clearly shown by the facts that Jolly and Clark had taken the deed in good faith and proceeded in all their dealings in connection with the land in the utmost good faith. … The evidence clearly established that the improvements were permanent and valuable and doubled the value of the land, and in equity and good conscience appellant should pay for them.

Pleasant Glade Assembly of God v. Schubert

174 S.W.3d 388 · Court of Appeals of Texas · Sep 15, 2005

In defense to the suit, appellants claimed that they were immune from liability under the in loco par-entis doctrine and because they acted as Good Samaritans. … They assert that they are immune from liability for Laura’s assault and battery and false imprisonment claims because they stood in loco parentis as to Laura during the June 1996 incidents and acted with the “reasonable belief

Hemphill County v. Adams

416 S.W.2d 855 · Court of Appeals of Texas · May 22, 1967

Article 5, Section 1 of the Constitution of Texas, Vernon’s Ann.St., as amended 1891, established Commissioners’ Courts. … voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified.

Rickie Wayne Selby v. State

525 S.W.3d 842 · Court of Appeals of Texas · Jul 19, 2017

When there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous. Riley, 378 S.W.3d at 457. … According to Selby, the record establishes that the motion to revoke his unadjudicated community supervision was not filed before his community supervision period expired, because although the document is file-stamped April

Bush v. Bell

681 S.W.2d 254 · Court of Appeals of Texas · Nov 1, 1984

Clearly, July 4, 1983 was more than six months prior to February 6, 1984, the deadline for filing for candidacy. … In three points of error, appellant contends that the trial court incorrectly held that Bell was a qualified candidate because the proof showed that she did not meet the residency requirement.

Southern Surety Co. v. Shoemake

16 S.W.2d 950 · Court of Appeals of Texas · Jan 30, 1929

Clearly such testimony was sufficient to authorize the submission of the issue complained of. … His condition from the date of his injury up to the date of the trial was established — total incapacity.

Presley v. Texas Farmers Insurance Co.

972 S.W.2d 164 · Court of Appeals of Texas · Jul 2, 1998

establishes her ordinary and routine practice of depositing settlement checks, postage prepaid, in a U.S. … Although the requirements found in Rule 166a(c) assist courts in determining whether an affidavit qualifies as competent summary judgment proof, the issue of whether that affidavit conclusively establishes the movant’s right

Nabors Well Services, Ltd. v. Romero

508 S.W.3d 512 · Court of Appeals of Texas · Feb 29, 2016

Funk Qualified? … A single study by itself would not suffice to establish legal causation. Id. at 718-19, 727 .

Jennings v. State

531 S.W.3d 889 · Court of Appeals of Texas · Sep 28, 2017

In order “to ensure accuracy and completeness of such data,” Roscoe requested a forensic examination by a qualified computer specialist. … Some of the content encompassed by subsection (b) was clearly protected speech (e.g., movies and television shows and even classical literature that may be sexually explicit but not obscene) and some was clearly unprotected

Lesco Transportation Company, Inc. v. Campbell

500 S.W.2d 238 · Court of Appeals of Texas · Oct 9, 1973

The following passages are a part of each contract, viz: “DRIVERS’ COMPENSATION (2) Each such driver shall in the sole and exclusive opinion of Lessee (a) Be a fit and qualified person to drive and operate such leased equipment … Clearly, neither the quoted language of the contract nor any other provision thereof placed a duty upon a driver to maintain a truck by changing the engine oil unless directed to do so by Leseo.

Jones v. State

195 S.W.3d 279 · Court of Appeals of Texas · May 25, 2006

As stated above, the court of criminal appeals addressed the issue of what substances qualify as an adulterant or dilutant. Seals, 187 S.W.3d at 419-20 . … This includes a witness who is indicted for the same offense, but is promised immunity if he testifies against the accused. Blake v.

Powers v. State

757 S.W.2d 88 · Court of Appeals of Texas · Aug 11, 1988

The evidence before us clearly shows that appellant did not make this statement in response to anything said to him by the police officers or by Mr. Johnson. … Briley attempted to qualify as an expert witness based on his previous experience as a Houston police officer.