Case law

Hancock v. Rouse

437 S.W.2d 1 · Court of Appeals of Texas · Jan 23, 1969

throughout such municipality, * * Art. 101 Id provides: “The legislative body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established … While the citizens of a city are acting in a legislative capacity when voting pursuant to the initiatory process, the qualified voters of such a city would not constitute a “legislative body”.

Morales v. Simuflite Training International, Inc.

132 S.W.3d 603 · Court of Appeals of Texas · Mar 18, 2004

On March 17-18, 2000, despite the computer flag, Morales was scheduled to provide training he was no longer qualified to provide. … it was required to maintain them under FAA regulations. 35 When the FAA investigates violations of certification requirements, or any other time the FAA makes a request, the FRFs must be provided. 36 Thus, the FRFs are clearly

Gerhardt v. Yorktown Independent School Dist.

252 S.W. 197 · Court of Appeals of Texas · Feb 22, 1923

We think that part of the special act under consideration was clearly separable from the other and main provisions of the act, and that such portion can be disregarded and the remainder of the act left in force and effect … This case was one in which the Legislature had established a school district by special act, and had conferred on it the power to tax at the rate of 75 cents on the $100 valuation, which was at that time in excess of the

Bishop v. Japhet

171 S.W. 499 · Court of Appeals of Texas · Oct 15, 1914

The judgment of the trial court recites that the jury's findings establish an illegal contract and agreement between the parties, and that the court would grant no affirmative relief to either. … For there can be no doubt that the indorsement and delivery of the negotiable notes to appellants, as security, vested in them the legal title thereto, and a qualified interest therein.

Bloodworth v. Rhea

280 S.W. 1070 · Court of Appeals of Texas · Dec 12, 1925

Bloodworth and five other resident qualified property tax paying voters residing in the Olney independent school district of Young county instituted this suit against that school district and the members of the board of trustees … of the state “to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”

Ex parte Paxton

493 S.W.3d 292 · Court of Appeals of Texas · Jun 1, 2016

At that time, several people came forward; some were not qualified, and some wanted to be excused. … State, 520 S.W.2d 766, 769 (Tex.Crim.App.1974) (finding the legislature clearly intended “to impose criminal sanctions for almost any dealing in securities without a license.”).

City of Del Rio v. Lowe

111 S.W.2d 1208 · Court of Appeals of Texas · Oct 27, 1937

The facts clearly show that the $20,000 warrants were issued under article 23 368a, §§ 2, 3, and 4, and all provisions thereof were complied with, except the provisions requiring publication of notice of the intention of … paying the principal and interest of said warrants, is valid; and the trial court erred in restraining the enforcement of said ordinance in so far as it levied a tax on the taxable property of said city for the purpose of establishing

Marr v. Reynolds

151 S.W.2d 263 · Court of Appeals of Texas · May 2, 1941

They have therefore assumed the burden of establishing all facts to show a clear legal duty of the defendants to create such board. The facts alleged are believed to be insufficient. … It is clearly shown, in the first place, that there was no City Inspector of plumbing. It affirmatively appeared that Tanner had been discharged.

State v. Settegast

227 S.W. 253 · Court of Appeals of Texas · Dec 3, 1920

Hermann died October 21, 1914, leaving a will that was admitted to probate January 9, 1915, on which latter date the independent executors named in the will qualified, and administration of the estate in the probate court … in the amended section 2 of article 8, leaving the two clauses widely separated, while the new statute attempts an elaborate definition of what is meant by “an institution of purely public charity,” the context of which clearly

Tobias v. University of Texas at Arlington

824 S.W.2d 201 · Court of Appeals of Texas · Jan 15, 1992

immunity; (2) there was no violation of appellant’s due process or equal protection rights; (3) the college catalog did not create a contract; and (4) the individual appellees were immune under the doctrine of quasi-judicial … Specifically, appellant contends that since the University created a catalogue and made it enforceable, appellant “clearly has property rights relative to the appeal process relative to his grades.”

First Bank of Deer Park v. Deer Park Independent School District

770 S.W.2d 849 · Court of Appeals of Texas · Apr 18, 1989

A summary judgment will be denied unless a movant clearly establishes his right to it as a matter of law. … We conclude that the United States Supreme Court’s decision in American Bank and Trust Company , which overruled past precedent on which Texas taxing authorities had relied and which was not clearly foreseeable, established

Glassdoor, Inc. v. Andra Grp., LP

560 S.W.3d 281 · Court of Appeals of Texas · Mar 24, 2017

For purposes of issue one, we need to determine only whether Andra's evidence supporting Rule 202 relief also qualifies as "clear and specific." … Did appellants establish a defense under § 27.005(d) ?

Wilson v. Franz

359 S.W.2d 630 · Court of Appeals of Texas · Aug 1, 1962

The qualifying words “needed” charity and “most needed” charity impose a limitation upon the discretion of the administrator of the trust, but do not present insuperable obstacles to its proper administration or an effective … , it would be sufficient to establish such a trust with regard to the specific class of “blind and crippled”.

In the Interest of C.A.S.

128 S.W.3d 681 · Court of Appeals of Texas · Mar 18, 2003

Legal Principles When there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally … or fails to establish his cause of action.

Garrett v. Commissioners' Court of Limestone County

230 S.W. 1010 · Court of Appeals of Texas · Apr 9, 1921

is not established beyond reasonable doubt. … That the law added special duties to those already imposed upon the ex officio members of the board clearly does not bring it into conflict with constitutional restraint.

Kerens Nat. Bank v. Stockton

281 S.W. 580 · Court of Appeals of Texas · Jan 6, 1926

supports our view that they did not establish a homestead on said tract prior to her death under the undisputed facts. … Instead of establishing the homestead upon only 157% acres, we think it should have been extended'to and established upon 200 acres out of the whole of 295 acres owned by Morris at the time of his death.

Brasher v. Carr

743 S.W.2d 674 · Court of Appeals of Texas · Nov 12, 1987

Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964)); 3. a common law qualified privilege, also known as the fair comment doctrine 2 ; 4. and a statutory qualified privilege available to publishers of newspapers … Clearly, at trial a state court must place upon the plaintiff the burden of proving with clear and convincing evidence that the defendant published the falsehood with actual malice.

State v. Loessin

343 S.W.2d 494 · Court of Appeals of Texas · Feb 8, 1961

Loessin, was not a qualified witness to the value of his property, and similarly, that appellees’ value witness, J. B. Martin, was not qualified, and that his opinions as to value had no factual support. Mr. … Their opinions were confined to the effect of this otherwise established loss upon market value.

Walker v. Appraisal Review Board for the Guadalupe County Appraisal District

846 S.W.2d 14 · Court of Appeals of Texas · Sep 30, 1992

The procedures to verify that land qualified for ag-use must be approved by a committee consisting of “the governor, the comptroller, the attorney general, the agriculture commissioner, and the Commissioner of the General … The court of appeals must consider and weigh all the evidence and set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. Cain v.

Johnson v. Wallace

191 S.W.2d 487 · Court of Appeals of Texas · Dec 5, 1945

Under her plea of not guilty appellant sought to establish an equitable title to the property under a parol agreement with ap-pellee Mrs. … Lott qualified as ■ independent executor of his estate, and he and Norman’s widow, M. E.