Case law

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.

Burrell v. Michaux

273 S.W. 874 · Court of Appeals of Texas · Apr 17, 1925

. *879 all other stated findings below are to be taken as reflecting established facts. … Moreover, and for the same reason, they were given no immunity bath against the visitation of the writ of injunction by reason of incorporation under the acts of Congress they invoice.

Atlantic Richfield Co. v. Warren Independent School District

453 S.W.2d 190 · Court of Appeals of Texas · Feb 19, 1970

The elaboration of this motion gives these reasons in support thereof: the issues are merely evidentiary; such issues do not establish the market value of the respective classes of property inquired about; they do not establish … Plaintiffs offered the testimony of two qualified appraisers as to random appraisals they had made of parcels of property in the District.

In the Interest of J.M.

156 S.W.3d 696 · Court of Appeals of Texas · Feb 28, 2005

Father told Waffen he trusted Mother to get the children immunized, and he was not concerned about the failure to vaccinate the children. … Likewise, the failure to immunize the children, his delegating all responsibility on this issue to Mother, and his lack of concern about immunizations indicates a lack of parental abilities.

State v. Dickey

158 S.W.2d 844 · Court of Appeals of Texas · Jan 16, 1942

This established rule comports with both common sense and equity. No person should, be permitted by a court to profit by his own dereliction of duty to another. 30 Tex.Jur., page 756, section 89. … We know of no rule of law by which the State would be immune from the general principles announced, under the circumstances involved 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.

Skillern v. State

890 S.W.2d 849 · Court of Appeals of Texas · Jan 18, 1995

By labeling a law “procedural,” however, a legislature does not thereby immunize it from scrutiny as an ex post facto law. … Appellant urges on appeal that Rentea was clearly qualified to provide an opinion concerning “the validity of appellant’s position with regard to this insurance premium financing plan.”

Josh and Kelli Savering, Chattanya Chavda, Pannaben Nancha, Phillip and Lisa Klotz, Paul Arseneau, Allison Blackstein, and Jack A. Muhlbeier v. City of Mansfield

505 S.W.3d 33 · Court of Appeals of Texas · Sep 29, 2016

If this authority is still relevant to this inquiry, the Plat clearly identifies the R2 lots. … (holding that the potential loss of rights in real property is a probable, imminent, and irreparable injury that qualifies a party for a temporary injunction); Rus-Ann Dev., Inc. v. ECGC, Inc., 222 S.W.3d 921, 927 (Tex.

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,

Naegeli Transportation v. Gulf Electroquip, Inc.

853 S.W.2d 737 · Court of Appeals of Texas · Apr 15, 1993

This is clearly a breach of the parties’ express contract. The Rules of Civil Procedure state that the trial court shall submit jury questions which are raised by the written pleadings and the evidence. … It is within the trial court’s discretion to determine whether a particular witness is qualified to testify as an expert, and such determination will not be disturbed on appeal unless a clear abuse of discretion is shown.

State v. Evans

340 S.W.2d 99 · Court of Appeals of Texas · Oct 6, 1960

Similar questions have been before our courts in many cases, and it is well settled in Texas that it is largely discretionary with the trial judge as to whether a witness is qualified to testify as to market value, and that … This situation was clearly pointed up to the Court on appellant’s motion for new trial, and in the transcript we find an order of remittitur entered by the eburt on the 19th day of February, 1960, and in the order we find

in Re Advanced Powder Solutions, Inc.

496 S.W.3d 838 · Court of Appeals of Texas · Jun 21, 2016

And for the reasons discussed in connection with the first Coates factor, we hold that such a nexus clearly exists. … Such destruction qualifies as intentional spoliation. See id. at 24–25.

Moran v. Midland Farms Co.

282 S.W. 608 · Court of Appeals of Texas · Feb 18, 1926

Just what connection tbe defendant Midland Farms Company has with tbe land is not clearly disclosed by tbe petition. … The bill of exception to the overruling of the motion is thus qualified: “This bill approved - with this explanation: Mr. Moran’s attorney lives at Eastland, Mr.

Bates, Mickey Lee

Court of Appeals of Texas · Oct 8, 2015

Bartlett), and he clearly was not free to leave. … separate analyses with clearly separate goals.

Gonzalez v. Layton

429 S.W.2d 215 · Court of Appeals of Texas · May 31, 1968

Equally well *217 settled is that any ultimate issue may be established by circumstantial as well as direct evidence. … However, they qualify such rule by saying: “ * * * However, it must be remembered that the res gestae rule is concerned with the relevancy of evidence, instead of its nature or its probative force.

Flato Brothers, Inc. v. Builders Loan Co. of Dallas

457 S.W.2d 154 · Court of Appeals of Texas · Jul 10, 1970

As we see it, Builders’ motion and attached affidavits unless properly controverted established as a matter of law that there were no issues of material fact presented by the record. … Flato and Fred Flato, guarantors, clearly raised fact issues that their guaranty was unenforceable.

Reserve Life Insurance Company v. Miller

300 S.W.2d 343 · Court of Appeals of Texas · Feb 6, 1957

The cause death was a question to be determined by the jury from the testimony of experts who had acquired scientific information on the subject sufficient to qualify them to express an opinion. … Miller clearly acknowledges a “claim presented” and denies liability under the terms of the policy.

Hernandez v. State

562 S.W.3d 500 · Court of Appeals of Texas · Aug 10, 2017

The court must "make every reasonable presumption in favor of the statute's constitutionality, unless the contrary is clearly shown." Id. … To establish that a statute is facially unconstitutional, as appellant seeks to do here, the challenger must demonstrate that "no set of circumstances exists under which that statute would be valid." Id.

Houston E. & W. T. R. v. Kopinitsch

282 S.W. 884 · Court of Appeals of Texas · May 21, 1925

If the rule announced by the majority of this court in the Wagner Case is not the law, then the qualifying word “discovered” has ceased to have any meaning in applying the rule measuring the duty of operatives of a train … We shall continue to apply the well-established rule followed in the Wagner Case until the Supreme Court expressly repudiates it.

Stone v. State

658 S.W.2d 648 · Court of Appeals of Texas · Apr 28, 1983

Other testimony in the case established that these descriptions matched the physical characteristics of appellant and the victim. … Carlson readily admitted the forgery, but denied on cross-examination that the State had given him immunity for his testimony in the case.