Case law

In the Matter of E.F.

986 S.W.2d 806 · Court of Appeals of Texas · Feb 25, 1999

Appellant’s statements clearly satisfy this standard, corroborating both J.L.’s and C.S.’s testimony. See Ware v. … J.L. was granted testimonial immunity for his testimony. .

Chanowsky v. Friedman

219 S.W.2d 501 · Court of Appeals of Texas · Mar 18, 1949

The will was probated and Adolph Chan-owsky was appointed independent executor; he qualified as such, filed an inventory and appraisement, took the oath and went into possession of most of the estate, which consisted of both … It is sufficient to say that appellee’s theory in this case was that she should have her judgment debt established against the community estate of Jake and Mary Chanowsky, and that the community property of their mari *503

In the Interest of S.C.S.

48 S.W.3d 831 · Court of Appeals of Texas · May 31, 2001

Nineteen years is just too long. 6 Where there are undisputed facts, a defendant may establish that the plaintiff’s claim is barred by the statute of limitations as a matter of law. Flukinger v. … This was clearly, although erroneously, an attempt to defeat the prior limits of the courts power.

Gonzalez v. Gonzalez

457 S.W.2d 440 · Court of Appeals of Texas · Jun 25, 1970

Gonzalez qualified as independent executrix of the estate. Fourteen years later the wife Isabel M. Gonzalez died and their eldest son Juan M. Gonzalez qualified as independent executor of her estate. … “It was not the intention of the Testator or Testatrix to establish or create a testamentary trust. II.

Gammill v. Jack Williams Chevrolet, Inc.

983 S.W.2d 1 · Court of Appeals of Texas · Jan 30, 1997

witness in this case, and that his testimony was based on established laws of physics and engineering. … Huston was an eminently qualified witness in this case, and that his testimony was based on established laws of physics and engineering.

Jamison v. City of Pearland

489 S.W.2d 636 · Court of Appeals of Texas · Nov 30, 1972

Points one, two, seven, eight and eleven complain of procedural matters and clearly are not related to such action of the court. They will not be considered. Rule 324, Texas Rules of Civil Procedure; Saldana v. … This Article, which became effective November 8, 1966, establishes a definition *642 of agricultural use of land, and places on the local tax assessor the duty to determine whether land qualifies for special assessment as

In Re Go Colorado 2007 Revocable Trust

319 S.W.3d 880 · Court of Appeals of Texas · Jul 15, 2010

A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. … The Trust is not a party to a guaranty and does not qualify as a “GUARANTOR [WHO] HEREBY WAIVES TRIAL BY JURY” under the guaranties.

Post v. State

936 S.W.2d 343 · Court of Appeals of Texas · Jan 16, 1997

If bias and prejudice are not established as a matter of law, all of the venireper-son’s answers must be reviewed to determine whether the challenged venireperson could set aside their views and follow the law and their oath … Both venirepersons clearly and unequivocally told appellant’s counsel that they could not consider probation for a defendant they found guilty of multiple aggravated robberies.

Texas Liquor Control Board v. Duvall

170 S.W.2d 820 · Court of Appeals of Texas · Apr 9, 1943

Duvall clearly violated the statute by employing the minor for service in his establishment, regardless .of his good faith, intent, or whether he knew the boy was under eighteen years of age. … made; but with reference to the offense of greater enormity, that is, of employing a minor in a business where he is constantly, day after day, exposed to a temptation that may result in his becoming an inebriate, no such qualifying

Humble Oil and Refining Co. v. City of Georgetown

428 S.W.2d 405 · Court of Appeals of Texas · May 8, 1968

Evidence clearly established that the greatest danger of fire is presented when gasoline is being transferred from the transport to the underground storage. … To be valid as a legislative exercise of police power the ordinance must be clearly and reasonably related to the end in view.

Reynolds v. State

390 S.W.2d 493 · Court of Appeals of Texas · Apr 27, 1965

Levy, in establishing the value of the subject land, used the market approach and in doing so he used sales in the area to determine the per square foot value of the land. … “Where the property is clearly unimproved, or clearly improved, no difficulties are encountered.

Calvert v. Capital Southwest Corporation

441 S.W.2d 247 · Court of Appeals of Texas · Apr 30, 1969

The evidence clearly establishes that the nature of the Appellees’ business is the same as that of those open-end investment companies which have been granted the exemption, insofar as relevant. … Capital Southwest qualified for this status in 1968, and Texas Capital since 1960.

Black v. Lambert

235 S.W. 704 · Court of Appeals of Texas · Nov 16, 1921

W. 335 . [4] The burden, as a matter of course, rested on applicants for the writ of injunction to establish the fact that Dr. … These are fully ajnl clearly set forth in the amendment of 1914, which created commission government and to which we can look for the ascertainment of such duties.

Mew v. J & C GALLERIES, INC.

554 S.W.2d 249 · Court of Appeals of Texas · Jun 30, 1977

The trier of facts may consider original cost and cost of replacement, the opinions upon value given by qualified witnesses, the gainful uses to which the property has been put as well as any other facts reasonably tending … predicated upon its statement that actual cash value is the market value of the insured property; however, the supreme court’s holding in Crisp that market value is but a factor to be used in arriving at actual cash value establishes

Maris v. Hendricks

262 S.W.3d 379 · Court of Appeals of Texas · May 1, 2008

This clearly requires a timely-served report that is deficient.”) (emphasis in original). … Maris cannot rely on excerpts from deposition testimony taken long after the filing of an adequate expert report and allegedly establishing that a designated expert is not qualified to provide expert testimony because such

Moore v. Moore

430 S.W.2d 247 · Court of Appeals of Texas · Jun 14, 1968

Lee Moore, Jr. accepted the appointment as temporary administrator and duly qualified as such. … Moore testified to sufficient facts to qualify her to testify as she did, based upon the records examined by her.

Burke v. Guilford Mortgage Co.

161 S.W.2d 574 · Court of Appeals of Texas · Apr 3, 1942

Burke, was duly appointed administrator de bonis non and immediately thereafter qualified as such by taking the oath and giving bond as required by law. … App. 132 S.W.2d 429 ); and if that was the extent and weight of the proof offered, clearly it alone would be insufficient to show any authoritative presentment of the claim.

Trustees of Cranfills Gap Consol. School Dist. No. 6 of Bosque & Hamilton Counties v. Board of County School Trustees of Bosque County

178 S.W.2d 537 · Court of Appeals of Texas · Feb 10, 1944

A majority of the qualified voters residing within an area described by fieldnotes and embraced within the limits of said County Line District, presented their petition to the Board of County School Trustees of Bos-que County … A careful review of the above referred to acts, passed from time to time by our legislature subsequent to 1911, convinces us that it was the clearly expressed purpose and policy of our legislature to thereby vest, and that

Dancy v. Wells

8 S.W.2d 198 · Court of Appeals of Texas · Jun 6, 1928

opinion that the act of the Legislature of Texas under which the proposed ‘Arroyo Colorado navigation district of Cameron and Willacy counties’ was sought to be created, is, as applied to the attempt to create such district, clearly … In accordance with the order of the county commissioners’ court, notice of such election was given, as is fully established and proven.

North Point Patio Offices Venture v. United Benefit Life Insurance Co.

672 S.W.2d 35 · Court of Appeals of Texas · May 10, 1984

The Restatement states that “promissory restraints” are valid only if “the restraint is qualified so as to permit alienation to some though not all possible alienees”, and if “the restraint is reasonable under the circumstances … within the express provisions of the prohibition established by the Restatement of Property.