Case law

Valdez v. Ramirez

558 S.W.2d 88 · Court of Appeals of Texas · Nov 2, 1977

She argues that the statute clearly designates persons entitled to receive employment benefits and that appellees are not included in such designation, and that to allow a “non-designated” individual to indirectly receive … A recent law review article, Dutton, The Wife’s Community Interest in Her Husband's Qualified Pension or Profit-Sharing Plan, 50 Texas L.Rev. 334 at 345-346 (1972), said: In Webster v.

Jenkins v. Crosby Independent School District

537 S.W.3d 142 · Court of Appeals of Texas · Jun 15, 2017

the Employee is not employed to fill a specific position or assignment, the Superintendent may assign or reassign the Employee to either or additional duties for which he or she is professionally certified or otherwise qualified … other error of law; (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly

Brewer v. Capital Cities/ABC, Inc.

986 S.W.2d 636 · Court of Appeals of Texas · Feb 10, 1999

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. … Co., 41 F.Supp. 163, 168 (S.D.Tex.1941) (applying Texas law to find “it is not necessary that the facts be established as true (a perfect defense), before a newspaper publisher can avail himself of the qualified privilege

Happy Endings Dog Rescue, a Texas Non-Profit Corporation v. Jon Layne Gregory, DVM and Donna J. Gregory

501 S.W.3d 287 · Court of Appeals of Texas · Sep 2, 2016

court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a mere scintilla; or (4) the evidence establishes … As Happy Endings points out, the Gregories conceded at trial that they did not qualify for statutory damages under the property code and did not intend to produce any evidence of losses sustained as a result of the breach

Turcotte v. Trevino

499 S.W.2d 705 · Court of Appeals of Texas · Sep 24, 1973

Turcotte qualified as executor of Edgar Turcotte’s estate. … Vinyard, 251 S.W. 1043 (Tex.Com.App.1923), the principal evidence of election to take under a will was the qualifying of Mrs.

City of Lake Dallas v. Lake Cities Municipal Utility Authority

555 S.W.2d 163 · Court of Appeals of Texas · Aug 4, 1977

abolish the Authority, instead of that in former Tex.Rev.Civ.Stat.Ann. art. 8280 — 293, § 17(a) (Water Auxiliary Laws, Table III, 1975 Pamphlet), which is now found in an amendment to the act by which the Authority was established … As a quasi municipal corporation the Authority has still more limited powers: it has no powers beyond those clearly granted by the Legislature, and those powers granted will be strictly construed.

West v. Probst

251 S.W. 289 · Court of Appeals of Texas · Feb 7, 1923

We think the facts in this case clearly distinguish it from any cases cited by appellants. … The second and final method provided for in the conveyance is to be "established by the authorities having power to establish such rates from time to time under the law." Appellee contends no court can establish rates.

Lewis v. Cushing

444 S.W.2d 815 · Court of Appeals of Texas · Sep 4, 1969

The mother, consequently, failed to carry the burden of establishing her right to a change of the custody of the children. … Having so established misconduct, the rule is stated in Quinones, supra ( 177 S.W.2d at 263 ): “Misconduct of the jury having been established, the question of probable injury becomes one of law for the courts.

In the Interest of M.M.O.

981 S.W.2d 72 · Court of Appeals of Texas · Jul 29, 1998

The class representatives do not clearly state the doctrine upon which they rely to establish waiver. … As opposed to judicial estoppel, to qualify as a judicial admission the statement must have been made in the current proceeding. See Holloway v. Holloway, 671 S.W.2d 51, 59 (Tex.App.

Duenkel v. Amarillo Bank & Trust Co.

222 S.W. 670 · Court of Appeals of Texas · May 5, 1920

The bill of exception to this action of the court was qualified by the trial judge in the following language: “The foregoing bill of exception, No. 1, prepared and tendered by C. A. … Clearly, this letter cannot be construed as an agreement for the extension, even though it had been shown that the probate court of Potter county had approved the proceeding.

Compere v. Girand

42 S.W.2d 278 · Court of Appeals of Texas · Sep 18, 1931

Lessing, "special judge agreed to by the parties and duly qualified to try said cause." … In our opinion the authorities above cited, and relied on by appellant as establishing fundamental error in the record before us, do not necessarily support appellant's proposition.

Fitzpatrick v. Copeland

80 S.W.3d 297 · Court of Appeals of Texas · Jun 27, 2002

FACTUAL AND PROCEDURAL BACKGROUND The pertinent facts established by the summary judgment evidence are undisputed. … Where the defendants are movants, they are entitled to summary judgment if the summary judgment evidence establishes, as a matter of law, that at least one ele *301 ment of the plaintiffs cause of action cannot be established

Enterprise Products Co. v. Tenneco Inc.

929 S.W.2d 444 · Court of Appeals of Texas · Jul 13, 1995

Once the movant has established a right to a summary judgment, the burden shifts to the nonmovant. … Rule 166a(c) clearly contemplates that the trial court must allow a reasonable opportunity for discovery before granting a summary judgment.

Fidelity Union Casualty Co. v. Koonce

51 S.W.2d 777 · Court of Appeals of Texas · May 18, 1932

The trial judge qualified the bill of exception with reference to this part of the argument by saying that counsel for defendants objected to “that style of argument”; that the court sustained the objection and instructed … The record discloses that the court submitted certain special issues and then charged the jury that the burden was on the plaintiff to establish the affirmative of certain issues, giving their numbers, by a preponderance

Harper v. City of Wichita Falls

105 S.W.2d 743 · Court of Appeals of Texas · Apr 23, 1937

“(u) To have and exercise all of the powers, rights, privileges and immunities of every character and description whatsoever conferred upon and granted to cities of more than five thousand inhabitants to adopt and amend their … “Ordinances imposing license taxes under the power to regulate are prima facie valid, and the unreasonableness of the exactions must be made clearly to appear, and they 'must be obviously and largely beyond what is needed

Red Ball Stage Lines, Inc. v. Griffin

275 S.W. 454 · Court of Appeals of Texas · Jun 6, 1925

It is very apparent that the sworn answer only denies fragments of some of the material allegations, leaving the major portion thereof immune to the answer in so far as same was not denied by any of the terms of the answer … Therefore the petition in this respect alleged facts clearly showing that appellant is entitled to some of the relief demanded, and that such relief requires the restraint of some act prejudicial to appellant.

Moore v. State

470 S.W.2d 391 · Court of Appeals of Texas · Jul 28, 1971

out that, except in rare cases, obscenity cannot be established without competent testimony in addition to the material itself. … His testimony clearly reveals the nature of his examination of the exhibits.

Ambrose, Cynthia

Court of Appeals of Texas · Mar 10, 2015

During cross-examination, Ramirez admitted that she was given immunity to testify truthfully, and that her failure to timely report the incident was a criminal offense. … When the defendant preserves error at trial by timely objection to the absence of an accomplice-witness instruction, the record must establish only “some harm” to obtain reversal. Id.

Rountree Motor Co. v. Smith Motor Co.

109 S.W.2d 296 · Court of Appeals of Texas · Jun 4, 1937

Clearly the trial court erred in including that item of $206.80 in the judgment. It was not included in the issue submitted to the jury since the cars were not sold but were taken under sequestration. … The bill was qualified by the trial court to the effect that he had no recollection of the use of the words "cheated" and "robbed" but he did recall that the word "chiseled" was used by counsel.

United States Fidelity & Guaranty Co. v. Clifton

250 S.W. 1056 · Court of Appeals of Texas · Feb 10, 1923

W. 290 ), later Chief Justice, said: “The established rule of law is that if, without the consent of the surety, a binding agreement is made between the creditor and the principal debtor for an extension of the maturity of … If the agreement of extension be a binding one, its effect clearly is to deprive him of his right. But,-if the agreement be not a binding one, it remains intact and unprejudiced.