Case law

Johnson v. State Farm Mutual Automobile Insurance Co.

520 S.W.3d 92 · Court of Appeals of Texas · Apr 6, 2017

Code § 37.006(b) (waiving governmental immunity for claim that statute is invalid by requiring that governmental entities be made parties and requiring that attorney general be served with copy and provided opportunity to … Voidness In his seventh and final issue, Jerry argues that the family member exclusion is void because the policy fails to clearly describe its effect.

Rappmund v. Zaiontz

137 S.W.2d 870 · Court of Appeals of Texas · Jan 26, 1940

Clearly there is no acknowledgment of the debt as evidenced in the amount sued for. The letter written October 28, 1937 by Mr. Schwartz to Mr. … The plaintiff must establish his demand to entitle him to judgment.

Jackson v. Cloer

98 S.W.2d 358 · Court of Appeals of Texas · Apr 24, 1936

The obligation to do so in a proper case has been clearly recognized and is not to be lightly disregarded. … Patton], says ‘have definitely qualified the peremptory character of its initial provision’ of the statute.”

Mitchell v. Thompson

286 S.W. 642 · Court of Appeals of Texas · May 20, 1926

Thompson, minors, to the legally qualified guardian of the estate of said minors.” … That a trustee cannot purchase at his own sale the property of his beneficiaries is a sound proposition of law, but there are exceptions to this rule as well established as the rule itself.

Ballard v. Ballard

296 S.W.2d 811 · Court of Appeals of Texas · Dec 6, 1956

-'Gárlóy/ The - highlights' of "iheir material 'testimony- are-: ■ < -. . • " ■: Byron McClelland testified he was a practicing "attorney ¿Z Gátesviíle';.' that he was 'e'mploye'd by'-Delbert Ballard,-'who qualified as "temporary … If, however, they are not, in and of themselves, competent, standing alone, to establish the parol trust here contended for, they are clearly admissible and competent to corroborate and bolster up Delbert Ballard’s own admission

Godine v. State

874 S.W.2d 197 · Court of Appeals of Texas · Mar 24, 1994

We will not disturb the trial court’s ruling unless it is “clearly erroneous.” Wright v. State, 832 S.W.2d 601, 604 (Tex.Crim.App.1992). … We now use the Whitsey factors to determine if the trial court’s ruling was clearly erroneous: (1) Was the State’s explanation related to the facts of the case?

Huey v. Brand

92 S.W.2d 505 · Court of Appeals of Texas · Jan 20, 1936

On and prior to January 3, 1931, Arthur Huey was the duly qualified and acting tax collector of Hutchinson county, Tex. … It will not be allowed where he has intermeddled with the rights of others, or is guilty of fraud or culpable negligence, or where he would derive an advantage from, or establish his claim through, his own negligence or,

Harris County v. Hunt

388 S.W.2d 459 · Court of Appeals of Texas · Mar 18, 1965

tests required by Article 2321, V.A.C.S., and was thus qualified to act as an official court reporter in such Court. … We cannot say that the court m the instant case clearly abused its discretion in staying the taking of the deposition of appellee.

Karen Corp. v. Burlington Northern & Santa Fe Railway Co.

107 S.W.3d 118 · Court of Appeals of Texas · Apr 24, 2003

Hancock’s wording does not establish a fact issue here, because he qualifies his opinion with “appears.” See Humphreys v. … When Hancock qualified his opinion, he showed that he lacked the needed personal knowledge to base a legally sufficient opinion on.

In re Michael V. Kelly, Ii, M.D., Compounding Plus LLC

543 S.W.3d 383 · Court of Appeals of Texas · Jan 30, 2018

Without factual explanations, reports amount to "nothing more than the ipse dixit of the experts," which the Texas Supreme Court holds are "clearly insufficient." Id. at 461 . … And, as previously stated, a pharmacist is not qualified to opine on medical causation. See supra n.3.

Wilson Co. v. Gordon

224 S.W. 703 · Court of Appeals of Texas · Jun 29, 1920

It cannot be said, however, that these were insufficient, and the further conclusion that he knew enough to put an ordinary prudent man on inquiry is amply and clearly supported. Mr. … The bill merely shows exception to these remarks on the part of appellants, not that repression of the argument or direction to the jury to disregard it was requested, and the court qualifies it by saying that the statements

Stephenson v. Chappell

12 Tex. Civ. App. 296 · Court of Appeals of Texas · May 27, 1896

"On November 10, 1880, said Samuel Armstrong qualified as survivor of the community estate in the manner prescribed by law. … "A special verdict is defective and must be set aside, which does not find all the facts put in issue by the pleading, although the evidence may establish beyond any controversy the existence of the facts not found."

W.K. v. M.H.K.

719 S.W.2d 232 · Court of Appeals of Texas · Sep 25, 1986

The legitimacy presumption statute, TEX.FAM.CODE.ANN. § 12.02(a), in using the term ‘father’ clearly refers to the biological male parent. … That statute established a four-year limitation for causes of action that have no express limitation.

Donnelly v. Young

471 S.W.2d 888 · Court of Appeals of Texas · Sep 24, 1971

Our conclusion was then, and is now, that to qualify according to the Rule — so that error is raised before the trial court — the matter complained of by the assignment of error must be so clearly identified that it should … In one respect the improper admission of records, and testimony relative thereto, on the theory that they qualified as business records when they did not so qualify, would inhibit the answer to one of the special issues,

Smith v. State

19 Tex. Ct. App. 95 · Court of Appeals of Texas · Oct 24, 1885

App., 1, which is, that such substantive defenses as insanity must be established by defendant by a preponderance of evidence. We are unable to see any serious, appreciable conflict in the charge and this latter rule. … App., 515, and the rule declared was that the defendant “should show his insanity clearly, and to that extent that the minds and consciences of the jury can say that on account of his insanity he was guiltless of entertaining

Miller v. State ex rel. Abney

155 S.W.2d 1012 · Court of Appeals of Texas · Oct 30, 1941

Such, as we understand, is the clearly expressed holding of the Supreme Court in its opinion on the former appeal of this cause. State ex rel. Abney v. Miller, 133 Tex. 498 ; 128 S.W.2d 1134 . … We recognize the general and established rule that the Legislature has the power to ratify that which it had the power to authorize in the first instance.'

Lombardo v. City of Dallas

47 S.W.2d 495 · Court of Appeals of Texas · Feb 20, 1932

The governing bodies clothed with authority to determine residential and industrial districts in cities are better qualified because of their knowledge of the situation to act upon these matters than are the courts, and they … This business had been established, and was in operation prior to the enactment of the zon-' ing ordinance.

Hill v. Provine

260 S.W. 681 · Court of Appeals of Texas · Mar 13, 1924

Such evidence was not admissible for the purpose- of defeating any liability upon the covenant, but it was clearly so in rebuttal of the issue of fraud presented by appellants^ pleadings and evidence. Biggs v. … W. 914 . [7] Under the rule announced in the last-cited cases and the facts found, appellants have wholly failed to establish a right of action for breach of the covenant which would defeat the purchase-money note. [8] The

City of Fort Worth v. GENE HILL EQUIPMENT CO.

761 S.W.2d 816 · Court of Appeals of Texas · Nov 17, 1988

The contract provisions set out above clearly would provide the requisite notice to the City. … The supreme court’s holding in Gates is clearly applicable here.

Bounds v. Bounds

382 S.W.2d 947 · Court of Appeals of Texas · Sep 28, 1964

A final element is the establishment of the fact that the instrument ■executed would not have been executed but for such influences. … Aside from the evidence which was briefly summarized above, appellant offered evidence which either contradicted or qualified appellee’s evidence.