Case law

Bertotti v. CE SHEPHERED CO., INC.

752 S.W.2d 648 · Court of Appeals of Texas · May 26, 1988

The data compiled and applied by Shepherd qualifies as trade secrets. As sales manager, Bertotti was privy to trade secrets and confidential information in order to sell the company’s products. … Clearly, Bertotti gained all of his knowledge about the wire product market while at Shepherd. Unfair use of this knowledge will damage Shepherd.

General Motors Corp. v. Bryant

582 S.W.2d 521 · Court of Appeals of Texas · May 3, 1979

The opinion of a qualified expert in the field of his qualification recorded in a hospital record is admissible in those instances where it can be said that the diagnosis records a condition resting in reasonable medical … This was a lengthy trial lasting some three weeks, and the issues were rather clearly drawn.

Locke v. Wallingford

265 S.W. 1086 · Court of Appeals of Texas · Nov 5, 1924

, a notation by a bookkeeper, made upon information given him by truck drivers, is clearly inadmissible. … In the instant case the amount of the wheat grown on the Nabors section is the essential fact to be established.

Bell v. State

747 S.W.2d 898 · Court of Appeals of Texas · Mar 10, 1988

.-09 (Vernon 1981), states that an offense is a lesser included offense if: (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs … Where the jury may be called upon to assess punishment, both the State and the defendant have a right to qualify the jury on the full range of punishment.

Hall v. Birchfield

718 S.W.2d 313 · Court of Appeals of Texas · Aug 26, 1986

Rule 408 of the Texas Rules of Evidence clearly provides in part that evidence of a compromise or offers to compromise a claim which was disputed as to either validity or amount is not admissible to establish liability for … Sometimes this problem can be *331 cured by the use of such qualified words as “if any” or “if you so find.” In the present case no qualifying words were utilized. Counsel for the Birchfields cite Lemos v.

International Security Life Insurance Co. v. Rosson

466 S.W.2d 52 · Court of Appeals of Texas · Mar 29, 1971

It is well established that in the absence of findings of fact and conclusions of law, as in the instant case, the judgment of the trial court should be affirmed if it can be upheld on any legal theory that may have support … Such evidence clearly indicates that in no way was any portion of the illness or condition for which Mrs.

United Postage Corp. v. Kammeyer

581 S.W.2d 716 · Court of Appeals of Texas · Apr 13, 1979

The letter concluded that a personal interview would be arranged between plaintiff and a company regional director whose functions, among others, would be to determine if plaintiff were qualified to be accepted as a distributor … Plaintiff testified that he read and fully understood the terms of the purchase agreement which clearly stated it did not grant exclusive territories, guarantee any specific earnings per machine, and that the purchaser “is

Drake v. State

5 Tex. Ct. App. 649 · Court of Appeals of Texas · Jul 1, 1879

The State, 43 Texas, 260 , held that, in empanelling a jury in a capital case, the names .of the persons summoned should be called in the order they stand .upon the list, and when found qualified they are to be challenged … App. 532, in construing said article 3024, said: “ This clearly indicates that each person is to be examined *657 separately, and subject to challenge, either for cause or peremptorily, separately, and that these things are

Jason Dearmond v. State

487 S.W.3d 708 · Court of Appeals of Texas · Mar 3, 2016

At the hearing on his motion, 3 Dearmond argued that Henderson did not have reasonable suspicion to initially stop his car because the flat tires did not qualify as an unsafe driving … The trial court concluded that the State established reasonable suspicion based on specific articulable facts, combined with rational inferences derived from those facts, that “defendant committed the offense defined in

Wydell Lorraine Dixon v. State

455 S.W.3d 669 · Court of Appeals of Texas · Dec 17, 2014

Paskert testified at appellant’s trial under an offer of use immunity. She was not offered a plea deal in her own case. … Appellant also argued that the jury deliberation room, in which the jury finally slept, “fails to qualify as ‘separate facilities’ under Article 35.23.”

Robins v. Sandford

1 S.W.2d 520 · Court of Appeals of Texas · Oct 29, 1927

It was charged that the defendant Sand-ford, on the day following the date of the order, qualified as such receiver by giving bond and taking the oath required, and thereupon immediately took possession of all of the properties … These recitations clearly imply the fact now assailed that the petition, at the time of the application, and at the time the court made his order, had been filed in the case of O. B. Tandy v. Owen A.

Fidelity Union Ins. v. Hutchins

111 S.W.2d 292 · Court of Appeals of Texas · Sep 24, 1937

These observations are made in order to show more clearly what must be the true nature and functions of a bond of the kind in question. … If the survivor is outside the jurisdiction of the court, and therefore cannot be forced to render an accounting and fails to do so voluntarily, it would seem that the heirs will be under the necessity of establishing the

Rivas, Gerardo Tomas

Court of Appeals of Texas · Jul 23, 2015

of clearly established FEDERAL LAW as determined by said SUPREME COURT. … The MANDAMUS, attached at pgs. 2- 7, clearly establish that THE JUDICIAL SYSTEM, complained of herein, first, HAD NO BUSINESS ISSUING A WARRANT AND THE MATERIAL )JRESENTED WAS CLEARLY MISLEADING AS "DOG SNIFF WAS USED AS

Butler v. Sadler

399 S.W.2d 411 · Court of Appeals of Texas · Jan 27, 1966

Islands are clearly exempt from the operation of the Vacancy Act. … “But, as clearly deducible from Giles v.

Brown v. City of Texarkana

269 S.W.2d 804 · Court of Appeals of Texas · Jun 3, 1954

his attack on the sufficiency of the evidence to support the decree entered, raise in our opinion the sole question whether or not the evidence was sufficient as a matter of law to meet the quantum of proof necessary to establish … After an exhaustive study of all the facts and circumstances herein detailed and the deductions to be logically drawn therefrom in this a border line case as to intent, we would refrain as later herein qualified from concluding

Torres, Ex Parte Manuel

Court of Appeals of Texas · Feb 11, 2015

Ce1tain aliens who have asserted immunity from prosecution. 5 F. Waiver Authorized for certain aliens. 6 IV. … Appellant met his burden in establishing prejudice.

Board of Equalization of City of Plano v. Wells

473 S.W.2d 88 · Court of Appeals of Texas · Aug 19, 1971

While it is the established rule in Texas that the granting or refusing of a temporary injunction is within the sound discretion of the district court, and the court’s action will not be disturbed on appeal unless it clearly … Section 9.20 of the Charter provides for the appointment of a Board of Equalization by the City Council, such Board to be composed of no fewer than three nor more than five persons who shall be qualified voters and real property

Grimes v. Cline

300 S.W. 235 · Court of Appeals of Texas · Nov 11, 1927

Clearly not, under the rule announced in the cases cited above, and many others to the same effect. … If that be true, then he could not claim the same immunity for premises which had never been occupied as a home. He cannot claim two homesteads.

Rivas, Gerardo Tomas

Court of Appeals of Texas · Aug 10, 2015

established FEDERAL.LAW as determined by the SUPREME COURT OF THE UNITED STATES, or involved an unreasonable application of clearly established FEDERAL LAW as determined by said SUPREME COURT. … The.MANDAMUS, attached at pgs. 2- 7, clearly establish that THE JUDICIAL SYSTEM, complained of herein, first, HAD NO BUSINESS ISSUING A WARRANT AND THE MATERIAL PRESENTED WAS CLEARLY MISLEADING AS "DOG SNIFF WAS USED AS CONSIDERATION

Manes v. Dallas Baptist College

638 S.W.2d 143 · Court of Appeals of Texas · Jul 6, 1982

The arbitration agreement need not be in any particular form, but no party is under a duty to arbitrate unless by clear language he has so agreed, and it must clearly appear that the intention of the parties was to submit … The word should not be interpreted by this court to mean a special, or qualified finality when the word "final" is stated in the contract unequivocally.