Case law

City of San Marcos v. R.W. McDonald Development Corp.

700 S.W.2d 674 · Court of Appeals of Texas · Nov 6, 1985

To qualify as an approved public water supply system, McCarty Lane Water Supply, Inc., had to be approved by both the Public Utility Commission and the Texas Department of Health. … The record establishes that the city relied on McDonald’s water system statement and that the planning commission would not have given its final approval to the plat but for the signed water system statement.

Garcia v. Kubosh

377 S.W.3d 89 · Court of Appeals of Texas · Jun 18, 2012

See Northwood, 73 S.W.3d at 313 (citing Jones, 8 S.W.3d at 638 ); Jones, 8 S.W.3d at 638 (distinguishing, in appeal from final judgment, between immunity from suit and immunity from liability and not addressing court of appeals's … Winn, 542 U.S. 88, 127 , 124 S.Ct. 2276, 2300 , 159 L.Ed.2d 172 (2004) ("The exercise of federal jurisdiction does not and cannot establish jurisdiction.”). . See Tex.

Marquart v. Harris County

117 S.W.2d 494 · Court of Appeals of Texas · May 12, 1938

All such assistants so furnished shall have the necessary experience and background to qualify as highly specialized technical experts. … All such* assistants so furnished shall have the necessary experience and background to qualify as highly specialized technical experts.

Holcomb v. Spikes

232 S.W. 891 · Court of Appeals of Texas · Jun 6, 1921

Provision is made for the appointment of an Assistant Director and other officers during the decennial census period; in other words, to establish a census office. Sections 915-919. … Clearly the law contemplated that they shall take official notice of the fact.

K-Mart No. 4195 v. Judge

515 S.W.2d 148 · Court of Appeals of Texas · Oct 29, 1974

The entire record shows quite clearly that plaintiff sought recovery upon the theory of false imprisonment. … Well, by virtue of the fact that it is a direction of the Kresge Company that we have trained and qualified people to apprehend shoplifters, the answer that I can give to that is that I’m behind it a hundred per cent.”

Dunn v. Sears Roebuck and Co.

371 S.W.2d 731 · Court of Appeals of Texas · Sep 19, 1963

The answer of the jury that no damages resulted establishes that the verdict was based on bias and prejudice because the undisputed evidence shows substantial damages. 3. … what occurred not for the purpose of convincing the panel, but for the purpose of judging the jurors’ background, he was seeking information about their background and business experience so he could judge who was best qualified

Compass Bank v. Bent Creek Investments, Inc.

52 S.W.3d 419 · Court of Appeals of Texas · Jul 19, 2001

Land used for agricultural purposes is appraised for tax purposes as “qualified open-space land.” Tex. Const, art. VIII, § 1-d-l; Tex. Tax Code Ann. §§ 23.46 , .51 (Vernon 1992 & Supp.2001). … Section 23.55(e) states that “[a] determination that a change in use of the land has occurred is made by the chief appraiser[,]” which we believe clearly expresses that the rollback tax lien does not arise purely as a *425

Uhr v. Brown

191 S.W. 379 · Court of Appeals of Texas · Dec 20, 1916

such cases, for these men in good faith performed the services for which they were paid by July ordinances, for which Uhr voted, and there were no de jure claimants of the offices and the salary incident thereto, so it clearly … It is, of course, well established that a public officer, in the absence of a prohibition, has the implied authority to institute suits necessary to the proper and faithful performance of his duties.

Korndorffer v. Texas State Board of Medical Examiners

448 S.W.2d 819 · Court of Appeals of Texas · Dec 10, 1969

Moreover, by the same token, no immunity from prosecution has been shown. The substantial evidence rule applies in this case. … Punishment is the unavoidable result, and the evidence should clearly sustain the charge. Competent evidence before the court is required. Texas State Board of Medical Examiners v.

Wilson v. State

730 S.W.2d 438 · Court of Appeals of Texas · May 6, 1987

This means that there’s no responsibility upon the Defendant to establish his innocence or to introduce any evidence whatsoever. … The discussions must have been more extensive than just with people in the prosecutor’s office, but discussions with other peace officers in the defendant’s community are sufficient to qualify a witness on reputation.

Hurley v. Tarrant County

232 S.W.3d 781 · Court of Appeals of Texas · Aug 2, 2007

In this case, Hurley’s basis for municipal liability is one which is less frequently invoked, but just as clearly established in civil rights case law: a plaintiff can establish a “policy” for Monell purposes by pointing … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

McAdams v. Wilson

164 S.W. 59 · Court of Appeals of Texas · Feb 7, 1914

the person and estate, and to permit the appellee guardianship in this case, if he is correct in his interpretation of the will, would then result in two guardianships pending for the same children, which, we think, is clearly … So soon as appellee shall qualify as guardian, or at least after the proper length of time, he may distribute the estate to his wards, or compel his coexecutor to do so, in a proper proceeding.

Coca Cola Bottling Company of Houston v. Hobart

423 S.W.2d 118 · Court of Appeals of Texas · Dec 20, 1967

Tonn, who qualified as an expert concerning breaks of this nature. Ralph W. … We believe that under such circumstances, proof of a defect is adequately established.

Hines v. Kelley

226 S.W. 493 · Court of Appeals of Texas · Dec 1, 1920

This was not contradicted and fully qualified* the witness to testify that he could estimate the speed of the train by the scene of the wreck and that the facts indicated to him that the speed of the train was about .45 miles … The evidence clearly established that the wreck occurred through an excessive rate of speed and defects in the track, and it was not error to refuse to instruct the jury that if they were unable to determine the cause of

McKenzie v. Lewis

105 S.W.2d 451 · Court of Appeals of Texas · Apr 14, 1937

McKenzie qualified as administrator of his estate. … The evidence was wholly insufficient to establish that defense, and the judgment based thereon must fall.

Brown v. General Brick Sales Co., Inc.

39 S.W.3d 291 · Court of Appeals of Texas · Jan 11, 2001

FACTS Appellants are employees of Boral Bricks, Inc., a foreign corporation located in Georgia and qualified to do business in the State of Texas. Appellants are both individuals residing in Georgia. … The First Court of Appeals held that individual defendants were not immune from jurisdiction in Texas just because they acted in their corporate capacities. Gen. Elec. Co. v.

Shannon v. Frost National Bank of San Antonio

533 S.W.2d 389 · Court of Appeals of Texas · Dec 31, 1975

Civ.Stat.Ann. arts. 7425b-48, 7425b — 48a), permits any bank or trust company qualified to act as a fiduciary in Texas to establish a common trust fund for the purpose of furnishing investment to itself as fiduciary, or to … However, her initial request to withdraw funds from the trust estate clearly indicated that she was unaware of the restrictions on withdrawal resulting from investment in the common trust fund.

Commonwealth Bonding & Casualty Co. v. Hendricks

168 S.W. 1007 · Court of Appeals of Texas · May 9, 1914

Norris, as in any way establishing the cause of the death of the insured Hendricks; but you must make your findings on other testimony, if any, introduced in the case." … Norris in the certificate, in the absence of any direction by the court qualifying or limiting the use to be made of it, was considered by the jury in determining the cause of Mr.

Lawrence v. Coffield

468 S.W.2d 544 · Court of Appeals of Texas · Jun 2, 1971

The rule is established in Texas that where a testator disposes by will of property not his own, and the will also provides benefits for the real owner which the latter would not otherwise enjoy, such owner may by express … This is unsound, since her right to the whole is clearly subject to the testator’s right to will his half to another.

Lone Star Gas Co. v. Railroad Commission of Texas

798 S.W.2d 888 · Court of Appeals of Texas · Nov 14, 1990

Section 34(h) sets out the scheme for qualifying an affiliate as a separate first purchaser by designating the affiliate as an SMP. … Appellees argue that the challenged regulations do not restrict the amount of gas available to qualified separate first purchasers.