Case law

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

In re M.G.N.

491 S.W.3d 386 · Court of Appeals of Texas · Mar 30, 2016

Mur-phey recommended the following: *392 (1) mental health monitoring of the boys by a qualified child mental health professional; (2) discretion be given to the qualified mental health professional to coordinate parenting … The Texas Supreme Court has clearly established that a constitutional disability is not just any inconvenience, but it must be in the nature of physical or mental incapacity. Compare Yanes v.

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

Mike Norgaard, LPC v. Pingel

296 S.W.3d 284 · Court of Appeals of Texas · Aug 31, 2009

The acts of Norgaard in assessing and evaluating Pingel were clearly an inseparable part of the rendition of medical services to Pingel on August 4, 2005. … (holding that laboratory could not rely on status as independent contractor to a doctor to qualify as a health care provider when record did not contain any evidence establishing an independent contractor relationship). 15

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.

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.

City of Keller v. Wilson

86 S.W.3d 693 · Court of Appeals of Texas · Oct 31, 2002

held that municipalities exercise a governmental function, specifically a quasi-judicial exercise of their police power, when they approve subdivision plats and that the Tort Claims Act therefore provides for no waiver of immunity … A defendant is entitled to summary judgment if the summary judgment evidence establishes, as a matter of law, that at least one element of a plaintiffs cause of action cannot be established. Elliott-Williams Co. v.

T.C. Bateson Construction Co. v. Lumbermens Mutual Casualty Co.

784 S.W.2d 692 · Court of Appeals of Texas · Nov 22, 1989

Bateson also asserts that exclusion (a) could have been more clearly worded to show that it was subject to other exclusions such as (l) and (m). … We first note that the quoted language of the insuring clause is followed by the qualifying phrase “to which this insurance applies.”

State v. Houston & T. C. Ry. Co.

209 S.W. 820 · Court of Appeals of Texas · Jun 19, 1918

"Therefore, in the consideration of the case, we start with two established propositions, viz.: "First. … It cannot be predicated upon the terms "mixed or otherwise"; for by every rule of construction they relate back to, and are qualified in their meaning and effect by the "property" which they describe, and that is property

Hart v. Ehlers

319 S.W.2d 418 · Court of Appeals of Texas · Jan 8, 1959

Yoakum, Texas, the parties recognize that Ehlers was not required to purchase all of the stock, in which event the stock not so purchased was to be returned to the appellant, Hart, and (6) the evidence was insufficient to establish … It is thoroughly consistent with the terms of the whole contract and under no construction can it be said to qualify appellee’s obligation to purchase the whole 12,500 -shares.

Kirby v. Brown

383 S.W.2d 184 · Court of Appeals of Texas · Sep 9, 1964

If the finding of the existence of the fact, considering all of the evidence, is so contrary to the great weight and preponderance of the evidence as to be clearly wrong and unjust, the court should sustain the point and … Appellant filed suit for attorneys’ fees against the executor who qualified under the probated will. After an adverse judgment, appeal was taken.

In Re ZBP

109 S.W.3d 772 · Court of Appeals of Texas · Jun 5, 2003

Appellee filed an original petition seeking to modify the terms of the agreed divorce decree to allow him to establish the children's residence. … A parent who is qualified to obtain gainful employment cannot evade his or her support obligation by voluntarily remaining unemployed. Eggemeyer v. Eggemeyer, 535 S.W.2d 425, 427-28 (Tex.Civ.App.

Hernandez v. State

18 Tex. Ct. App. 134 · Court of Appeals of Texas · May 6, 1885

This *153 protection, said Lord Brougham, is not qualified by any reference to proceedings pending, or in contemplation. … Our statute, we think, states the rule more clearly and more comprehensively than any of the authorities to which we have referred.

Panhandle & S. F. Ry. Co. v. Laird

224 S.W. 305 · Court of Appeals of Texas · Jun 16, 1920

Some other witnesses corroborate him in this particular, but generally qualified their statement by saying they did not hear the whistle or bell. … Clearly, we think the dispute beiween Brooks and the engineer and the *309 fight which resulted was not admissible.

Lyle v. Collier

62 S.W.2d 1112 · Court of Appeals of Texas · Jul 5, 1933

W. 79, 80 , the court says: “We are clearly o: the opinion that the justice lost jurisdictio: to try the case after the affidavits of prej udice were presented and the motion for re moval was made. … The rule established h such cases for the circuit courts must be ap plied to the justice’s court. The language o the two statutes is alike.”

Micrea, Inc. v. Eureka Life Insurance Company of America

534 S.W.2d 348 · Court of Appeals of Texas · Jan 30, 1976

His individual contract does not qualify as one where as a primary obligor he could be treated as having contracted to pay interest above 10% per annum upon the effectiveness of his agreement (as the result of Micrea’s default … Clearly established is that the sale was one where there was mere inadequacy of price. But irregularity in the sale was not established. To do this was the burden of Micrea and Adler.

Traders & General Ins. Co. v. Rhodabarger

93 S.W.2d 1180 · Court of Appeals of Texas · Apr 16, 1936

The proposition presented, however, complains that in trying to establish the 300 days labor at $5 per day as the average daily wage, the evidence of witness Hill D. Hudson was based on hearsay evidence. … This case clearly falls within the above described exceptions to this rule.

Brooks v. De Witt

178 S.W.2d 718 · Court of Appeals of Texas · Feb 16, 1944

Clearly, this suit was not barred by limitations. … Meader, 95 N.J.L. 59 , 111 A. 503, 504 , quotes the *723 following with approval from In re Moore, 11 Irish C.L.R. p. 1: “The dominion which a parent has over a child is a qualified one and given for the discharge of important

Green v. Reyes

836 S.W.2d 203 · Court of Appeals of Texas · Jun 30, 1992

The number of unascer-tained votes is greater than three times the margin of victory established by the sample of voters whose voting conduct was determinable by the court. … Indeed, no expertise is needed in order to serve on a Signature Verification Committee; rather: To be eligible to serve on a signature verification committee, a person must be a qualified voter: (1)of the county, in a countywide

Luc J. Messier v. Katy Shuk Chi Lau Messier

458 S.W.3d 155 · Court of Appeals of Texas · Jan 27, 2015

However, as discussed above, the decree clearly gave Katy the right to exercise her options during Luc’s lifetime. … As discussed, Luc’s counsel stipulated that Katy’s counsel was qualified and would testify regarding the reasonableness of the charged fees.