Case law

In the Interest of H.M.S.

349 S.W.3d 250 · Court of Appeals of Texas · Sep 7, 2011

A judge’s ordinary efforts at courtroom administration, even if stern or short-tempered, are immune. Id. at 556 , 114 S.Ct. 1147 . … Although rule 18a(h) clearly authorizes an award in favor of Sampley, the language of the rule evidences the intent that sanctions be awarded to an opposing party.

J. Wigglesworth Co. v. Peeples

985 S.W.2d 659 · Court of Appeals of Texas · Jan 28, 1999

In this case, the evidence clearly established that Kirby’s negligence and the effects thereof, i.e., the traffic backup, had not come to a rest. … Although Peeples said that he could “still do just about anything,” he qualified this statement, saying, “The only difference is, before I could do anything without pain and without any limitations....

Strain v. Lewis

461 S.W.2d 498 · Court of Appeals of Texas · Jan 13, 1971

The Granbury group contends that the Stephenville association failed to show that the proposed branch office would have qualified full-time management. … Appellants, the Gran-bury charter group', have not indicated clearly how the absence of the two witnesses prejudiced their rights, consisting in the main of a fair hearing on their own application for a new association in

International & G. N. Ry. Co. v. Anderson County

174 S.W. 305 · Court of Appeals of Texas · Jan 22, 1915

This has the effect of qualifying and modifying the first paragraph of the article requiring the company to keep its offices at the place named in its charter. … Such being the principle involved in the law, and as it operates, and purports to operate, no further than that principle, it is believed that under the facts clearly established by this record there does not arise, nor is

Smalling v. Gardner

203 S.W.3d 354 · Court of Appeals of Texas · Mar 10, 2005

Waiver is largely a matter of intent, and “intent must be clearly demonstrated by the surrounding facts and circumstances.” Jerni gan v. Langley, 111 S.W.3d 153, 156 (Tex.2003) (per curiam). … Gardner's deposition testimony, and Plaintiff’s deposition testimony clearly establish that medical care was provided to Ms. Wortham-Smalling and Skyler by Baylor Defendants and the St. Luke's nurses.” .

Crosby v. Ardoin

145 S.W. 709 · Court of Appeals of Texas · Feb 1, 1912

Huling was shown to have been a fugitive from justice, and his reputation as a forger was bad; that John Hamilton, the notary public before whom the instrument purports to have been acknowledged, had not qualified at the … of exceptions and special instruction referred to in the assignment, and it appears from the instruction that it is simply a request that the court submit to the jury the various issues of forgery, etc, It is therefore clearly

Herod v. Grapeland Joint Account

366 S.W.2d 623 · Court of Appeals of Texas · Mar 28, 1963

Appellants summarize the questions involved as being whether the unit lease, mineral deed and division order establish a term for the unit lease different from that stated in its habendum clause. … This agreement, however, is qualified by the words, (a) “without the written consent of each” and (b) “except as provided in the joint lease” executed by Herod, Finch and Jones.

Woodmen of the World Life Ins. Soc. v. Armstrong

170 S.W.2d 526 · Court of Appeals of Texas · Feb 26, 1943

The finding in regard to family history, in our opinion, was clearly authorized by the evidence, but the other finding in regard to whether he had been rejected as an insurable risk, in our opinion, was not authorized. … It is obvious, we think, that appellant’s objections to the charges, in effect, -were admissions on its part that no evidence had been introduced on the issue of fraud, although it had the burden of establishing fraud as

City of Abilene v. Bailey

345 S.W.2d 540 · Court of Appeals of Texas · Mar 24, 1961

Both the Commission and the Supreme Court said that the jury had found facts which established that the operation of the city’s plant was a nuisance. … “The law is so clearly stated by Judge Gaines in the above extract that we are unable to add any force to the reasoning which supports the conclusion announced.

Arguelles v. Kaplan

736 S.W.2d 778 · Court of Appeals of Texas · Jun 30, 1987

An acceptance must not change or qualify the terms of the offer. If it does, the offer is rejected. United Concrete Pipe Corp. v. Spin-Line Co., 430 S.W.2d 360, 364 (Tex.1968). … In Miro , the court held that a borrower may not assert a subterfuge of its own making to establish usury without proof that the lender participated in or had actual knowledge of the subterfuge.

East Texas Fire Insurance v. Kempner

12 Tex. Civ. App. 533 · Court of Appeals of Texas · Feb 28, 1896

Northrup moved out the printing establishment of J. D. … The words “at once” clearly and unmistakably express the intention that the fact of becoming vacant annulled the policy.

Garcia v. Rutledge

649 S.W.2d 307 · Court of Appeals of Texas · Sep 14, 1982

The evidence in this case clearly establishes that, upon delivery of the check, possession of the truck was voluntarily returned to Garcia. … As an individual seeking services from appellee, Garcia qualifies as a consumer under the Act, Tex.Bus. & Com.Code Ann. § 17.45(4), and his net amount of damage is under $1,000.00.

Texas & P. Ry. Co. v. Prunty

233 S.W. 625 · Court of Appeals of Texas · Mar 25, 1916

It also seems as well established in the evidence that when delivered at their destination they were in a badly injured condition, which was proximately caused by delays and rough handling, chargeable to appellant, and it … It is well settled in the authorities that counsel may get the opinion of a qualified witness upon a hypothetical question.

Smart v. Panther

42 Tex. Civ. App. 262 · Court of Appeals of Texas · Mar 10, 1906

King and qualified as such on the 7th day of May, 1901. … We think the judgment of the District Court in the foregoing particulars clearly wrong.

Wright v. Texas Moline Plow Co.

40 Tex. Civ. App. 434 · Court of Appeals of Texas · Nov 1, 1905

September, 1901, duly adjudged a bankrupt upon his voluntary petition, and thereafter on the 28th day of September, 1901, appellant was legally appointed trustee of the estate of the said Hutcheson, and had *438 properly qualified … Weems, 69 Texas, 499 , the court says: “The true rule is that a trust' estate must be clearly traced into other specific property in order that the cestui' que trust may claim either the property itself, or a lien upon it

General Motors Corp. v. Simmons

545 S.W.2d 502 · Court of Appeals of Texas · Nov 24, 1976

However, injury of that sort was clearly foreseeable as a result of a collision. … It is established in Texas that one tortfeasor may recover full indemnity against his co-tortfeasor if the co-tortfeasor has violated a duty toward him.

Phillips Development & Realty, LLC v. LJA Engineering, Inc., F/K/A LJA Engineering & Surveying, Inc.

499 S.W.3d 78 · Court of Appeals of Texas · Jun 30, 2016

In reviewing for factual sufficiency, we consider all of the evidence *85 and will set aside a finding only if it is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. Id. … -Eastland 2006, pet. denied) (“A person’s position or job responsibilities can peculiarly qualify him to have personal knowledge of facts and establish how he learned of the facts.”).

Lang v. Harwood

145 S.W.2d 945 · Court of Appeals of Texas · Nov 28, 1940

Appellants’ brief contains 22 pages •of testimony of a witness quoted in question and answer form from the statement -of facts for the sole purpose of showing that the witness was not qualified to give her opinion as to the … Very clearly the purported amendment came too late. Warren v. Ward Oil Corp., Tex.Civ.App., 87 S.W.2d 501 ; Hall v. Wilbarger County, Tex.Civ.App., 37 S.W.2d 1041 ; 49 C.J. 483; 43 Tex.Jur. 506.

Houston General Insurance Co. v. Campbell

964 S.W.2d 691 · Court of Appeals of Texas · Jan 29, 1998

In point one, it contends that Campbell failed to establish that she was entitled to summary judgment as a matter of law. … Clearly, had Campbell not been injured *696 on the job, she would not have sought the medical treatment she received, which in turn aggravated her compensable injuries.

Bethel v. Yearwood

142 S.W.2d 927 · Court of Appeals of Texas · Jun 24, 1940

Having done so, however, he opened the matter in such a way as that appellant’s own counsel had the right to bring out the details of the conversation referred to and explain or qualify the same in any manner which was justified … The effect of its admission was to permit the use of his declarations for the purpose of establishing an effort by Mrs.