Case law

Maldonado v. Frio Hospital Ass'n

25 S.W.3d 274 · Court of Appeals of Texas · Jun 21, 2000

Because we hold the Association established official immunity as a matter of law, we affirm the trial court’s judgment. … The statute clearly recognizes the Association’s administrative role in hiring nurses and other hospital personnel.

LMV-AL Ventures, LLC v. Texas Department of Aging & Disability Services

520 S.W.3d 113 · Court of Appeals of Texas · Apr 6, 2017

DADS filed a plea to the jurisdiction, asserting that LMV had not established jurisdiction through a waiver of sovereign immunity. … In Roth , the Supreme Court noted that protected property interests have the following "[c]ertain attributes”: "a person clearly must have more than an abstract need or desire for it.

Childs v. Greenville Hospital Authority

479 S.W.2d 399 · Court of Appeals of Texas · Mar 21, 1972

The parties agree that there are no Texas cases in which the doctrine of governmental immunity from tort liability has been considered in connection with a hospital authority established pursuant to the mentioned statute. … Upon application for admission the Nurse clearly had a duty to call the doctor and then report to the applicant the decision of the doctor on the application; thus, the Nurse had a duty to report to Mrs.

in Re Steven Griffith in His Official Capacity, Douglas Brinkley in His Official Capacity, Scott Schultz in His Official Capacity, and Mark Grothaus in His Official Capacity

485 S.W.3d 529 · Court of Appeals of Texas · Dec 1, 2015

(citing Koseoglu as establishing that governmental official may appeal order denying his plea to the jurisdiction); Parker v. Hunegnaw, 364 S.W.3d 398, 401 (Tex. … wrecker service, appellees refer to instances in which the City pays because it owns the towed vehicle—which is clearly distinguishable from the City entering into contracts with the wrecker companies which require the City

City of Brownsville v. Wheeler

220 S.W.2d 452 · Court of Appeals of Texas · Nov 10, 1948

When we consider the entire act, together with the caption and the emergency clause, we cannot believe that the Legislature intended by its enactment to abolish the established method of annexing territory by charter amendment … 198 S.W.2d 450, 453 , in the following language: “That the legislature contemplated that a municipal corporation and a water control and improvement district such as respondent Baytown, may embrace the same territory is clearly

Rogers v. United Regional Health Care System, Inc.

109 S.W.3d 47 · Court of Appeals of Texas · May 15, 2003

The Hospital filed a plea to the jurisdiction claiming sovereign or governmental immunity from suit and a motion for summary judgment based on sovereign immunity, the statute of limitations, and a lack of evidence to show … the earlier discovery and treatment of John’s appendicitis — specifically, failing to correctly read and interpret the EKG, urine samples, x-rays, and blood samples; failing to make a proper referral to a physician more qualified

McCall v. Dallas County Hospital District

997 S.W.2d 287 · Court of Appeals of Texas · May 20, 1999

In order for it to be entitled to summary judgment, the defendant must have either disproved an element of the cause of action or established an affirmative defense as a matter of law. See Lear Siegler, Inc. v. … Such use would clearly constitute waiver under the Texas Tort Claims Act. However, in both instances, there is no evidence to show that the property was misused. Parkland introduced an affidavit of Dr.

City of Wichita Falls v. Jenkins

307 S.W.3d 854 · Court of Appeals of Texas · Mar 4, 2010

Whether undisputed evidence of jurisdictional facts establishes a trial court’s jurisdiction is a question of law. Miranda, 133 S.W.3d at 226 . … But, here, the May 13, 2008 letter clearly describes the car accident and faults the City’s employee, Officer Becknal, for causing it.

Hutson v. Smith

191 S.W.2d 779 · Court of Appeals of Texas · Dec 13, 1945

voters of the county is essential to establish the fact that the commissioners’ court was legally invested with jurisdiction to order the election in the premises. … Hooks for a petition to be circulated among the qualified voters of Trinity County, Texas, for the signatures of those qualified voters in said Trinity County, who desire that a local option election be called therein for

Arnett v. State

304 S.W.2d 386 · Court of Appeals of Texas · Jun 28, 1957

granted immunity from this disbarment proceeding. … This would be an unreasonable delay of the trial and the court acted clearly within its rights and without abuse of discretion in overruling the motion.

Lee v. McKay

414 S.W.2d 956 · Court of Appeals of Texas · Apr 5, 1967

Clearly, then, “as in other civil cases” must be held applicable to appeals from Juvenile Courts to the Court of Civil Appeals, and, in determining whether an appeal bond or deposit in lieu thereof is required, we must look … of the original laudable purpose of juvenile courts, studies and critiques in recent years raise serious questions as to whether actual performance measures well enough against theoretical purpose to make tolerable the immunity

Oser v. Cullen

435 S.W.2d 896 · Court of Appeals of Texas · Dec 5, 1968

The Terms ‘Qualified Elector’ and ‘Qualified Voter’ Are Synonymous. … The Constitution establishes qualifications for certain constitutional offices but leaves it to the Legislature to prescribe qualifications for many other offices.

City of San Antonio v. Cervantes

521 S.W.3d 390 · Court of Appeals of Texas · Feb 22, 2017

In fact, the email communications clearly reflect all counsel understood the City was taking an interlocutory appeal from the order. It is evident from the record the trial court’s order was not rendered by consent. … As the plaintiff, Cervantes bore the burden of establishing these jurisdictional facts. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000); Bray v.

City of Haltom City v. Aurell

380 S.W.3d 839 · Court of Appeals of Texas · Aug 23, 2012

The City’s Immunity from Appellees’ Premises Defect Claim In part of the City’s second issue, it argues that it is immune from appellees’ premises defect claim because even if ap-pellees could establish that the City had … (explaining that an entity’s negligent implementation of a policy does not itself waive immunity and that a plaintiff must still establish a waiver of immunity under 101.021).

Baker v. Baker

624 S.W.2d 796 · Court of Appeals of Texas · Nov 19, 1981

Clearly, an owner can offer value testimony. Barstow v. Jackson, 429 S.W.2d 536 (Tex.Civ.App.—San Antonio 1968, no writ). However, in Bavarian Autohaus, Inc. v. Holland, 570 S.W.2d 110 (Tex.Civ.App. … When the owner of goods seeks to testify to their value, as distinguished from their value to him, the Texas rule is that he must show that he is qualified to do so; he is prima facie qualified to state it if he declares

Luna v. Harlingen Consolidated Independent School District

821 S.W.2d 442 · Court of Appeals of Texas · Dec 19, 1991

Appellants’ claims of poor planning and layout of the bus stop location clearly fall within the governmental function of appellee, and as such, the Doctrine of Governmental Immunity applies. … as a matter of law by the Doctrine of Governmental Immunity and the Texas Tort Claims Act.

City of Watauga v. Taylor

752 S.W.2d 199 · Court of Appeals of Texas · Jun 8, 1988

Appellant asserts in points of error one and two that the trial court erred in awarding mental anguish and personal property damages because appellant is immune from liability under the doctrine of governmental immunity, … This is clearly not a declaratory judgment case. This is a suit for damages arising out of alleged negligence and an alleged unconstitutional taking, both questions of facts.

Morris v. McCall

53 S.W.2d 667 · Court of Appeals of Texas · Oct 20, 1932

Whenever we subject the established courts of the land to the degradation of a private prosecution, we subdue their independence and destroy their authority. … T53, clearly exonerates all the appellees from liability, It was there said by Judge.

Center for Health Care Services v. Quintanilla

88 S.W.3d 269 · Court of Appeals of Texas · Jul 10, 2002

The doctrine of sovereign immunity encompasses immunity from suit and immunity from liability. Id. Immunity from suit bars a suit against the State unless the Legislature expressly gives consent. Id. … A party may establish consent by referencing a legislative statute or a resolution granting express legislative permission. General Servs. Comm’n v. Little-Tex Insulation Co., 39 S.W.3d 591, 594 (Tex.2001).

City of Corinth v. NUROCK DEVELOPMENT, INC.

293 S.W.3d 360 · Court of Appeals of Texas · Jul 30, 2009

ordinances enacted by legislative bodies are designed to address broad questions of public policy and to promulgate laws that those subject to the government’s power must follow in future conduct. 42 The Settlement Agreement clearly … It establishes no rule or law that all members of the public must adhere to in future conduct. 43 Thus, the Settlement Agreement involves the construction of a contract, not the interpretation of a statute.