Case law

Methodist Hospitals of Dallas v. Miller

405 S.W.3d 101 · Court of Appeals of Texas · Jul 10, 2012

Id. at 375 . 13 Like the case at bar, the summary judgment proof in Franka failed to establish as a matter of law the affirmative defense of official immunity. … "Official immunity," "qualified immunity,” "quasi-judicial immunity,” "discretionary immunity,” and "good faith immunity” are "all terms used interchangeably to refer to the same affirmative defense available to governmental

Martin, Wise & Fitzhugh v. Johnson

11 Tex. Civ. App. 628 · Court of Appeals of Texas · Nov 16, 1895

*631 voters of said county, thereby establishing the office of public weigher in said county, and made the same elective at the next election thereafter.” (4) That on or about November 4, 1884, he was by the legal voters … The very terms of the statute under which the cause of action arises, and the liability is claimed, clearly indicates that such a suit may be maintained under it. The assignment is without merit.

National Sports & Spirit, Inc. v. University of North Texas

117 S.W.3d 76 · Court of Appeals of Texas · Aug 27, 2003

UNT, however, contends that immunity is not waived because section 82.002(a) does not clearly waive sovereign immunity. … UNT responds that neither appellants’ nor Harvey’s pleadings were sufficient to establish waiver of sovereign immunity.

Tex. Mun. League Intergovernmental Risk Pool v. City of Abilene

551 S.W.3d 337 · Court of Appeals of Texas · May 10, 2018

including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this subchapter or that are established … ("But Section 271.152, as qualified by this 'subject to' phrase also does not preclude other defenses or other contractual procedures ...." (emphasis added) ); see Romulus Grp., Inc. v.

Johnson v. Sandel

895 S.W.2d 490 · Court of Appeals of Texas · Mar 21, 1995

Because official immunity is an affirmative defense, the burden is on the defendant to-establish all elements of the defense. 1 City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994). … The terms "qualified,’' "official,” and "quasi-judicial” immunity are for all practical purposes the same. City of Houston v. Kilburn, 849 S.W.2d 810 , 812 n. 1 (Tex.1993); Travis v.

WISE REGIONAL HEALTH SYSTEMS v. Brittain

268 S.W.3d 799 · Court of Appeals of Texas · Sep 25, 2008

These pleadings are not sufficiently specific, standing alone, to establish a waiver of sovereign immunity. See Tex. Dept. of Criminal Justice v. … Brittain’s supplement to her third amended petition clearly was an attempt to re-plead to cure the jurisdictional defects raised by the plea to the jurisdiction.

Sullivan v. Sisters of St. Francis of Texas

374 S.W.2d 294 · Court of Appeals of Texas · Dec 31, 1963

Appellants anT swered the motion for a summary judgment in effect admitting the charitable immunity of the Hospital, but alleging that there are certain recognized exceptions to -.the- doctrine of charitable immunity, among … Appellants alleged “that at all times pertinent to this law suit such Defendant failed to comply with the standards established by the Joint Commission on Accredation of Hospitals and of the American Hospital Association

Hwy 3 Mhp, Llc v. Electric Reliability Council of Texas (ERCOT)

462 S.W.3d 204 · Court of Appeals of Texas · Mar 12, 2015

(providing that utilities are obligated “to abide by the procedures established by ERCOT”). … Fund, 212 S.W.3d 320, 324 (Tex. 2006) (explaining that sovereign immunity extends to universities).

Esther Garcia Ortega v. State

472 S.W.3d 779 · Court of Appeals of Texas · Jul 30, 2015

The State has no burden to show compliance with Miranda unless and until the record as a whole “clearly establishes” that the defendant’s statement was the product of a custodial interrogation. Id. … Thus, appellant could not qualify for immunity under section 47.08 even if such immunity could be triggered by an unwarned custodial interrogation. We overrule appellant’s fourth issue. IV.

Texas General Land Office v. Crystal Clear Water Supply Corp.

449 S.W.3d 130 · Court of Appeals of Texas · Aug 22, 2014

Crystal Clear asserts that the tracts comprising the 151 acres are clearly receiving water service and that if that acreage and the Decertified Property were treated as a single tract, none of the GLO’s property would qualify … If it was not, then the property qualified for expedited decertifi-cation under section 13.254(a-5).

Ellis v. Vanderslice

486 S.W.2d 155 · Court of Appeals of Texas · Oct 19, 1972

They alleged that on August 28, 1972, ten or more individuals claiming to be qualified voters of the precinct applied to defendant Tom E. … The question is rather whether the entire election process is immune from judicial interference until the result is declared. The above authorities establish that it is.

DeSoto Wildwood Development, Inc. v. City of Lewisville

184 S.W.3d 814 · Court of Appeals of Texas · Jan 19, 2006

It *825 consists of two separate ideas—immunity from suit and immunity from liability. Id. … Immunity From Suit Waiver of immunity from liability by contract does not, however, waive immunity from suit. See Catalina Dev., Inc. v. County of El Paso, 121 S.W.3d 704, 705 (Tex.2003).

Tarrant County Democratic Party v. Steen

434 S.W.3d 188 · Court of Appeals of Texas · Feb 19, 2014

I respectfully dissent from the decision to deny appellee’s motion for en banc reconsideration because appellants clearly did not meet the statutory prerequisites necessary to invoke a waiver of sovereign immunity under section … Because appellants failed to establish they met the statutory prerequisites necessary to invoke waiver of sovereign immunity under section 173.086(a), and I do not believe this court may engage in the type of inference-finding

Myers v. Doe

52 S.W.3d 391 · Court of Appeals of Texas · Jul 12, 2001

Accordingly, Appellants failed to meet their burden of establishing immunity under section 22.051. … Townzen is a qualified expert because she holds a Master’s Degree in Special Education and a Doctorate in Educational Administration.

Pruitt v. Turner

336 S.W.2d 440 · Court of Appeals of Texas · May 12, 1960

Article 892, Code of Criminal Procedure (Trial in Justice Court) provides: "If the accused does not waive a trial by jury, the justice shall issue a writ commanding the proper officer to summon forthwith a jury of six men qualified … The test here applicable was clearly stated: "if the charge upon which plaintiff was tried was simple assault and battery, the justice clearly had jurisdiction and the facts showing no malice, he would clearly not be liable

McPhail v. Tax Collector

280 S.W. 260 · Court of Appeals of Texas · Dec 12, 1925

W. 114 , in construing this language of the Constitution, held that it gave to the Legislature a “free hand” in establishing school districts. … This they were clearly authorized to do by the following provision of section 12 of the act: * * * “Provided that the local taxes previously. authorized by a district or districts included in a rural high school district

Brantley v. City of Dallas

545 S.W.2d 284 · Court of Appeals of Texas · Dec 31, 1976

Smith, 130 Tex. 225 , 107 S.W.2d 872 (Tex.Com.App.1937, opinion adopted), the court held that the establishment and maintenance of a hospital is a governmental function and that a city is not liable for injuries caused by … It is thus clearly not a matter to be undertaken by a court of civil appeals. We overrule each of appellant-plaintiff’s points of error. The judgment of the trial court is affirmed.

Montrose Management District v. 1620 Hawthorne, Ltd.

435 S.W.3d 393 · Court of Appeals of Texas · Jun 10, 2014

In its first sub-issue, the District contends that 1620 *398 Hawthorne, Ltd. failed to establish that the District waived its immunity from suit because no waiver of immunity exists for complaints about the District’s application … Accordingly, Hawthorne has not established any waiver of the Appellants’ immunity for this requested declaration.

City of Wichita Falls v. Norman

963 S.W.2d 211 · Court of Appeals of Texas · Feb 26, 1998

While Norman’s ini *215 tial response clearly focused on the good faith element of official immunity, her subsequent letter brief, filed at the trial court’s request, fairly apprised the City and the court of the issue Norman … The City has, therefore, failed to establish as a matter of law the affirmative defense of official immunity and, derivatively, sovereign immunity. We overrule the City’s first and second points.

Keene Corp. v. Caldwell

840 S.W.2d 715 · Court of Appeals of Texas · Oct 15, 1992

In it, the trial court states: Except as specifically set out below, documents ordered produced did not on their face reveal themselves to qualify as exempt or immune documents based on the claims of privilege made for them … The affidavits are clearly uncon-troverted evidence in support of the Relator’s objections to the discovery requests.