Case law

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."

Ramos v. City of San Antonio

974 S.W.2d 112 · Court of Appeals of Texas · Mar 18, 1998

Standard of Review The general standard for reviewing a motion for summary judgment has been clearly established. … Rather, we conclude that the summary judgment evidence established that Quiroga was not in pursuit. 3.

Regent Care Ctr. of San Antonio, L.P. v. Detrick

567 S.W.3d 752 · Court of Appeals of Texas · Nov 7, 2018

It cannot be established by mere conjecture, guess, or speculation. Id. … But settlement does not affect "the maximum amount to which the government has agreed to waive its immunity." Id. at 82 .

Vaughan v. Roy H. Laird Memorial Hospital

856 S.W.2d 256 · Court of Appeals of Texas · Jun 8, 1993

The motion for summary judgment and the supporting affidavits must establish that the movant is entitled to judgment as a matter of law. Anderson v. Snider, 808 S.W.2d 54, 55 (Tex.1991). … The effective date of this section was January 1, 1991, clearly after the action by the City upon which the present claim is based.

Schronk v. Gilliam

380 S.W.2d 743 · Court of Appeals of Texas · Mar 26, 1964

That exclusive dominion has been qualified to make airspace a public highway. United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 . … In our opinion an actionable trespass was established, and no allegation of negligence was required. We distinguish such cases as Vrazel v.

Muenster Hospital District v. Carter

216 S.W.3d 500 · Court of Appeals of Texas · Jan 25, 2007

To establish the third element of its breach of contract claim, the Hospital District alleges that the breach occurred when the doctors resigned their privileges. … Clearly the doctors’ retaliatory discharge claims are germane to, connected with, and properly defensive to the Hospital District’s breach of contract counterclaim. 4 If, in fact, the Hospital District engaged in the retaliatory

Austin v. City of Lubbock

618 S.W.2d 552 · Court of Appeals of Texas · Apr 30, 1981

Answer: “The City of Lubbock clearly abused its discretion”; or, “The City of Lubbock did not clearly abuse its discretion”. ANSWER: The City of Lubbock clearly abused its discretion. … After it has been established that a zoning ordinance is being violated by the exercise of the eminent domain power, the issue, under the Sunset Valley case, is whether the con-demnor is acting arbitrarily or unreasonably

Donald v. Carr

407 S.W.2d 288 · Court of Appeals of Texas · Jul 29, 1966

In this proceeding it has not been established beyond dispute (1) that Relators are qualified voters; (2) that they voted in the Republican Primary of May 7, 1966; (3) that they wrote in the titles of offices, not printed … Under Articles 1823 and 1824, V.A.C.S., as well as Article 1735a, we have authority to issue writs of mandamus, but it is well established that we do not have such authority unless the facts are established beyond dispute

University of Texas at Austin v. Hinton

822 S.W.2d 197 · Court of Appeals of Texas · Jan 29, 1992

We find in the record nothing to diminish the effect of this qualifying statement, and nothing to indicate that the jury disregarded it. … In their tenth point of error, the Defendants complain that these answers were insufficient to establish their liability.

Billstrom v. Memorial Medical Center

598 S.W.2d 642 · Court of Appeals of Texas · Mar 27, 1980

Memorial asserts it is entitled to governmental immunity because appellant’s pleadings and the summary judgment evidence established conclusively that this ease falls within the purview of Section 18(b) of the Act. … However, Section 18(b) clearly states that the duty owed to licensees shall govern in cases involving premises defects where the claimant has not paid for the use of the premises.

Robertson v. Estate of McKnight

591 S.W.2d 639 · Court of Appeals of Texas · Dec 13, 1979

predicated their appeal upon three points of error, contending that the trial court erred (1) in granting appel-lee’s motion for summary judgment by failing to apply the law of the domicile of the parties in accordance with established … Clearly the cause of action here was statutory in nature, since an action for wrongful death did not exist at common law.

Tarrant County v. Denton County

87 S.W.3d 159 · Court of Appeals of Texas · Aug 1, 2002

and preponderance as to be manifestly unjust, why it shocks the conscience, or why it clearly demonstrates bias. … the statutes creating both counties. 26 Thus, viewed in context, Denton County’s position as adopted by the trial court, that its southern boundary with Tarrant County was established under prior law, is clearly an attempt

James v. Underwood

438 S.W.3d 704 · Court of Appeals of Texas · May 8, 2014

“In determining whether an act was clearly outside a judge’s jurisdiction for judicial immunity purposes, the focus is not on whether the judge’s specific act was proper or improper, but on whether the judge had the jurisdiction … James’s effort to invoke a statutory exception to broad judicial immunity is an attempt to establish subject matter jurisdiction.

County of Harris v. Tennessee Products Pipe Line Co.

332 S.W.2d 777 · Court of Appeals of Texas · Feb 18, 1960

That case held that counties have no powers or duties except those clearly set forth and defined in the Constitution and statutes of the State and that the Commissioners Court of a county had neither express nor implied power … parties agree that damages which would result to appellees in the event of interference by appellant with either the line constructed or the operation therof, even if recoverable (in view of appellant’s general governmental immunity

City of Fort Worth v. Robles

51 S.W.3d 436 · Court of Appeals of Texas · Jul 12, 2001

Therefore, subsection (a)(1) clearly applies to the initial placement of traffic signs. Id. … It is well established that 42 U.S.C. section 1983 does not itself create substantive rights; it merely provides a remedy for federal rights established elsewhere. City of Oklahoma City v.

Long Canyon Phase II & III Homeowners Ass'n v. Cashion

517 S.W.3d 212 · Court of Appeals of Texas · Mar 3, 2017

Because the December 18 letter qualifies as an “exercise of the right to petition,” we need not address the HOA’s additional argument that the letter qualifies as the HOA’s “exercise of the right of association.” 40 Prima … Cir. 1999)(treating "actual or threatened infringement suits” the same for purposes of Noerr-Pennington immunity); McGuire Oil Co. v.

Burney v. State

689 S.W.2d 912 · Court of Appeals of Texas · Dec 19, 1984

To this writer, this clearly violates the spirit of TEX. CONST. art. I, sec. 10; TEXCODE CRIM.PROC.ANN. art. 38.08 (Vernon *915 1979); Myers v. … The principle is hereby established that no one shall be compelled to give testimony which may expose him to prosecution for crimes.

Marshall v. Toys-R-Us Nytex, Inc.

825 S.W.2d 193 · Court of Appeals of Texas · Feb 6, 1992

The standard for review of a summary judgment has been clearly set forth by the Texas Supreme Court in Nixon v. Mr. Property Management, 690 S.W.2d 546, 548 (Tex.1985): 1. … Here, as in Denison , the evidence presented by the temporary employer, Toys-R-Us, established as a matter of law that it had the right of control at the time of the accident.

Houston Belt & Terminal Railway Co. v. City of Houston

424 S.W.3d 663 · Court of Appeals of Texas · Jan 23, 2014

The drainage fee ordinance provides that the director “shall establish and implement a system of verification and correction of drainage charges for each property subject to the drainage charges.” Id. § 47-824(a). … They note the Railroads do not claim that any of their properties otherwise qualifies for any exemption under the ordinance.

Latasha Freeman v. American K-9 Detection Services, L.L.C. and Hill Country Dog Center, L.L.C.

494 S.W.3d 393 · Court of Appeals of Texas · Oct 29, 2015

The Court first reviewed federal case law establishing that derivate immunity is extended to private contractors “only in limited circumstances”: [I]n Butters v. … HCDC did not put forth any authority establishing that it was immune to Freeman’s suit, either under any of the theories advanced by AMK9 or under any other theory.