Case law

Guimaraes v. Brann

562 S.W.3d 521 · Court of Appeals of Texas · Jul 24, 2018

-Houston [1st Dist.] 1996, writ denied) ("Comity is a principle under which the courts of one state give effect to the laws of another state or extend immunity to a sister sovereign not as a rule of law, but rather out of … Further, viewing the evidence in a neutral light, we cannot say the damages award was so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See Cain v.

Lampier v. Ley

113 S.W.2d 955 · Court of Appeals of Texas · Jan 28, 1938

The original plaintiffs in this suit, or some of them, after they, with possibly others (the record not clearly disclosing), had been made defendants in a cross-action, filed by the original defendants, took a nonsuit. … But the recital is not necessarily qualified by the void deed. As frequently happens, it may have been discovered that the deed was ineffective and the defect corrected.

City of Krum v. Rice

508 S.W.3d 808 · Court of Appeals of Texas · Dec 15, 2016

punishment for a previous crime, because the failure to abide by the restrictions made lead to a conviction for that failure, for the limited purpose of determining what court has jurisdiction to decide their validity, they may qualify … to be excluded from consideration by [Rice]’s failure to respond)” and that this “contributed to substantial undue prejudice to [Krum] through denial of the full measure of the benefits of governmental immunity—i.e., an early

Smith v. Patrick

297 S.W. 482 · Court of Appeals of Texas · Jun 18, 1927

Fisher was later discharged as guardian of the minor, and appellant in this case was duly appointed and qualified as her successor. … App. 194 ) the court said: "The burden of proof was upon the appellant to establish by the evidence the questions of value referred to, and, having failed to do so, there was no basis in the evidence upon which the jury could

International Security Life Insurance Co. v. Maas

458 S.W.2d 484 · Court of Appeals of Texas · Jul 31, 1970

agency, or otherwise provided without cost to the person insured (although they knew that the proceeds of the policy had been assigned to secure payment of the doctor) ; that the hospital bills were authorized by a legally qualified … The testimony clearly supports the implied finding of the trial court that the sickness did not originate prior to the effective date of the policy.

Texas Employers Ins. Ass'n v. Shifflette

91 S.W.2d 787 · Court of Appeals of Texas · Jan 11, 1936

The medical testimony offered by appellee' clearly warrants the finding of the jury on this issue of injury. … Craig, giving expert testimony, after he had qualified as a competent physician and surgeon, in answer to a hypothetical question covering the facts, testified: “Well, I would say from the way-you have described that, that

Missouri Pacific Railroad Company v. Rose

385 S.W.2d 492 · Court of Appeals of Texas · Nov 19, 1964

W-e there held the testimony of’ the patrolmen was of no probative force because they were not shown to be qualified to give an opinion. … The mere fact that a collision occurred does not establish it as a matter of law. Missouri-Kansas-Texas R. R. Co. v. McFerrin, supra.

Aronoff v. City of Dallas

316 S.W.2d 302 · Court of Appeals of Texas · Sep 2, 1958

Clearly the subject condemned property was a necessary and proper part of the interchange and approach facilities to the Dallas-Fort Worth Turnpike. … We think the trial court correctly concluded that appellant Davis did not properly qualify himself to express an opinion upon the value of the leasehold estate in question.

Fisheries Co. v. McCoy

202 S.W. 343 · Court of Appeals of Texas · Feb 27, 1918

Whitlock, 121 N.C. 166 , 28 S.E. 292 , to the effect that a trustee is personally bound for his contract or acts done in the management of the estate, unless it is otherwise clearly stipulated. … We did not contend that such legislation prohibits the right to contract for immunity, but the fact that there is such legislation may, we think, with propriety be considered, if it be contended that there is any peculiar

Larrinaga, Alcides

Court of Appeals of Texas · Sep 30, 2015

There was no qualifying the detective to see if he had expertise in determining self-defense by looking at autopsy photos. … Appellant objected that the detective had not been established as an expert. The trial court overruled the objection.

Rodgers v. Commission for Lawyer Discipline

151 S.W.3d 602 · Court of Appeals of Texas · Nov 24, 2004

An affirmative defense establishes an independent reason why the plaintiff should not recover on its asserted cause of action. Tex. Beef Cattle Co. v. … Based on the evidence before the trial court, we cannot say the trial court abused its discretion in determining that Fons was qualified.

Parker, Gary

Court of Appeals of Texas · Jan 29, 2015

An appellate court reviews a trial court's denial of a motion for new trial for an abuse of discretion, reversing only if the trial judge's opinion was clearly erroneous and arbitrary. … by the State for enhancement purposes without a qualified expert to properly match his fingerprints.

Urban Renewal Agency of City of Lubbock v. Trammel

399 S.W.2d 852 · Court of Appeals of Texas · Jan 31, 1966

The values testified to by appraisers qualified as experts being well within the values assessed, the failure to strike appellant’s testimony was harmless. Rule 434, Vernon’s Ann.Tex.Rules of Civil Procedure. … The court was clearly correct in holding that the judgment constituted double recovery. The Aronoff case furnishes at least some authority for the manner of submission in the instant case.

Smith v. Houston Chemical Services, Inc.

872 S.W.2d 252 · Court of Appeals of Texas · Mar 30, 1994

The statute clearly applies to a judicial proceeding in a “court.” The parties join issue on whether the statute also applies to a contested-case proceeding in the Commission. We hold it clearly does not. … (g) Financial requirements established by the agency must at a minimum be consistent with the federal requirements established under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery

Haddock v. Quinn

287 S.W.3d 158 · Court of Appeals of Texas · Jul 9, 2009

A party seeking to enforce an arbitration agreement must establish the existence of a valid arbitration agreement and show that the claims in dispute fall within the scope of that agreement. … Substantially invoking the litigation machinery qualifies as the kind of prejudice that is the essence of waiver.” E.C. Ernst, Inc. v. Manhattan Constr.

Davis v. State

268 S.W.3d 683 · Court of Appeals of Texas · Aug 26, 2008

Here, the evidence established that when Officer Mullinax responded to Latar-sha’s 9-1-1 call he found Latarsha “clearly upset,” her hands were shaking badly, and she was crying. … The Court later clarified what qualified as a “testimonial” statement in Davis v.

Minor v. Gross

478 S.W.2d 597 · Court of Appeals of Texas · Mar 9, 1972

The record shows that the patrolman was qualified as an expert. During the course of his testimony, counsel for appellees, at one point, asked him to testify as to the stopping distance as shown by the chart. … Nor can we agree with appellant’s proposition that the evidence as a whole is so overwhelming against the great weight and preponderance of the evidence as to be clearly wrong and unjust.

Hildenbrandt, Admr. v. Ames, Admr.

27 Tex. Civ. App. 377 · Court of Appeals of Texas · Dec 6, 1901

Ames, of the estate of Frank Doll, both said administrators having duly qualified as such under legal appointment. … beneficiary first named should not be entitled to the proceeds of the policy, and suing in such capacity and asserting a right to the proceeds which was contingent upon the failure of the first beneficiary to take, the burden was clearly

Highway Ins. Underwriters v. Dempsey

232 S.W.2d 117 · Court of Appeals of Texas · Apr 17, 1950

In qualifying the appellant’s bill of exception,- the trial court ordered counsel’s entire argument entered, in the. statement of facts. … Dupre further testified that he had filed a pleading seeking to establish a lien in -the, approximate amount of $3,000 against any sum the ap-pellee might possibly recover in 'this lawsuit.

Citizens Telephone Co. of Texas v. Thomas

45 Tex. Civ. App. 20 · Court of Appeals of Texas · Jan 14, 1907

If there was negligence it was clearly and indisputably the negligence of the appellant itself and not that of any of its agents. … The objection was that it called for an answer that was immaterial and irrelevant and merely the opinion of the witness upon a matter upon which the jury was qualified to pass.