Case law

Arndt v. Pinard Home Health, Inc.

495 S.W.3d 57 · Court of Appeals of Texas · Feb 18, 2016

Suits against employees of a state agency in their official capacity generally are barred by sovereign immunity absent a waiver of sovereign immunity. See City of El Paso v. Heinrich; 284 S.W.3d 366, 380 (Tex.2009). … (g) All records shall be kept and maintained as to establish clearly the correctness of all reports which the employing unit is required to file with the Agency and shall be readily accessible to authorized representatives

the City of Cleveland, Niki Coats, in His Official Capacity as Mayor of the City of Cleveland and Angela Smith, in Her Official Capacity as City Secretary of the City of Cleveland v. Keep Cleveland Safe

500 S.W.3d 438 · Court of Appeals of Texas · Jul 28, 2016

Similarly, in Couchman, the court discussed the impropriety of enjoining a legislative body from enacting ordinances: As before stated, the record clearly establishes that the ordinance has not been finally … It is well settled . . . that the enactment of a void ordinance will not be enjoined, although its invalidity clearly appears, unless it also clearly appears that the mere enactment of the ordinance of itself

Roper v. Winner

244 S.W.2d 355 · Court of Appeals of Texas · Oct 17, 1951

The City of San Antonio granted that power to the Building Official, who, it would seem, is better qualified to understand and pass on the condition and construction of buildings. … The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.

City of Houston v. Kallinen

516 S.W.3d 617 · Court of Appeals of Texas · Feb 28, 2017

Jensen, 96 S.W.3d 207, 212 (Tex. 2002) (“[P]ayment on a judgment will not moot an appeal of that judgment if the judgment debtor clearly expresses an intent ... to exercise his right of appeal and appellate relief is not … The City imports KB’s language that a plaintiff does not “prevail” for purposes of qualifying for a fee award unless it obtains “relief on the merits” of a claim “that materially alters the relationship between the parties

Miller v. Hood

536 S.W.2d 278 · Court of Appeals of Texas · Apr 22, 1976

proof establishes the fact that Jackson County is a duly organized and existing county of this State. … A reading of the trial petition in this case clearly shows that the cause of action alleged against all defendants sounds in tort, not in contract.

Texas Health & Human Services Commission v. Olguin

521 S.W.3d 403 · Court of Appeals of Texas · May 24, 2017

Gov’t Code § 311.034 (entitled ‘Waiver of Sovereign Immunity”)). … immunity’s most basic tenet.” 381 S.W.3d at 515 .

Texas Department of State Health Services v. Balquinta

429 S.W.3d 726 · Court of Appeals of Texas · Apr 9, 2014

or avoid implicating immunity in the first instance. … does not alter the underlying nature of the suit,” 90 such that a UDJA claim that might otherwise be within a court’s jurisdiction will be independently barred by sovereign immunity if it “has the effect of establishing

Luvaul v. City of Eagle Pass

408 S.W.2d 149 · Court of Appeals of Texas · Oct 27, 1966

As applicable to municipal immunity in tort in the exercise of the police power, we quote from Mayes v. … The authorities cited above clearly support this rule.” The second point of error is overruled.

Mayfield v. Gleichert

437 S.W.2d 638 · Court of Appeals of Texas · Jan 24, 1969

The doctrine of immunity of charitable institutions still prevails in Texas. In Watkins v. … Jamison because said point has become immaterial as to them since they have established the defenses of qualified privilege and invited and instigated publication by Dr. Mayfield of the alleged libelous statements.

City of Willis v. Garcia

523 S.W.3d 729 · Court of Appeals of Texas · Jul 6, 2017

approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty … We request that the City engage a qualified and competent Texas licensed professional engineer to conduct a complete review of the data contained in the ATS report, visit the sites where red light cameras have’been installed

City of Hous. v. Nicolai

539 S.W.3d 378 · Court of Appeals of Texas · Aug 24, 2017

Governmental Immunity In its sole issue, the City argues that the trial court erred in denying its plea to the jurisdiction because it conclusively established its immunity from suit on the Nicolais' claims. … "It is well-established that a peace officer's flawed execution of policy gives rise to a colorable negligence claim."

Yellow Cab Transit Co. v. Tuck

115 S.W.2d 455 · Court of Appeals of Texas · Feb 5, 1938

Clearly, the purpose of the constitutional amendment and the Enabling Act was to bestow upon all cities falling within the bracket of 5,000 inhabitants or more, the power of local self-government and full authority to do … The privileges and immunities clause of the Federal Constitution (Amend. 14) safeguards to the citizens of one state the right to pass through or to reside in any other state for the purpose of trade, etc.

Wallace v. Ranger Hospital District

474 S.W.2d 568 · Court of Appeals of Texas · Dec 10, 1971

The Legislature may by law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for … No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” *570 Appellants say “a law is unconstitutional

Hainsworth v. Martin

386 S.W.2d 202 · Court of Appeals of Texas · Jan 20, 1965

Ed.2d 481 : “ * * * Wesberry clearly established that the fundamental principle of representative government in this country is one of equal representation for equal numbers of people, without regard to race, sex, economic … “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”

City of Dallas v. Brown

373 S.W.3d 204 · Court of Appeals of Texas · Jul 5, 2012

The Dallas City Charter provides that a City of Dallas municipal judge holds office for two years from the date of appointment or until a successor is appointed and qualified, unless sooner removed for cause by the council … A trial court abuses its discretion when it misapplies the law to established facts or when the evidence does not reasonably support the trial court’s determination of probable injury or probable right of recovery. Id.

Lone Star Caliper Co. v. Talty Water Supply Corp.

102 S.W.3d 198 · Court of Appeals of Texas · Jan 31, 2003

Immunity In its first point of error, Lone Star asserts the trial court erred in granting summary judgment on immunity grounds because Talty was not entitled to governmental immunity. … •This provision of the tariff clearly contemplates and requires a relationship between Tatty and the renter separate from the owner of the property.

Rice v. HCBeck, Ltd.

284 S.W.3d 380 · Court of Appeals of Texas · Apr 6, 2006

HCBeck therefore contended that it was immune from suit and that Rice’s only remedy was recovery of workers’ compensation benefits. See id. §§ 406.123(a), (e), 408.001. … Etie dealt with a lower tiered subcontractor’s liability, and the general contractor clearly provided workers’ compensation to its subcontractors as that was not an issue in the case. See id. at 767-78.

Texas Educ. Agency v. Leeper, Worth 1991)

843 S.W.2d 41 · Court of Appeals of Texas · Nov 27, 1991

They point out that an independent school district has been declared to be an agency of the state, and as such, it is immune from liability in a suit sounding in tort, except for the limited waiver of immunity granted by … Requiring them to pay attorneys’ fees clearly amounted to an abuse of discretion.

Souder v. Cannon

235 S.W.3d 841 · Court of Appeals of Texas · Oct 4, 2007

Hurst clearly was irresponsible in the control that they had over the payments to Owen CC and was not responsive to the needs and issues of the subcontractors in the administration of said contracts. … The summary judgment evidence established that Weegar, Heindel, and Johnson all used discretion in approving Owen CC’s pay applications.

Attorney General of Texas v. Farmers Insurance Exchange

411 S.W.3d 139 · Court of Appeals of Texas · Aug 29, 2013

In other words, they contend that former section 2251.107 *144 does nothing more than to establish that the rate filings are public information. … Here, because Ap-pellee Insurers have not asserted any claims, we cannot know whether they could establish a takings claim or whether, if established, that taking would remain uncompensated.