Case law

Fort Worth Transportation Authority v. Thomas

303 S.W.3d 850 · Court of Appeals of Texas · Feb 4, 2010

The CBA and the Operator Handbook related to the same transaction, and their terms do not clearly prevent them from being considered together. See Parks, 1 S.W.3d at 102 ; Miles, 321 S.W.2d at 65 . … The summary judgment evidence also establishes that appellants terminated Thomas’s employment on August 1, 2002.

Villarreal, David

Court of Appeals of Texas · Dec 16, 2015

On the basis of those prior convictions, the officer escorted Villarreal to a nearby hospital where his blood was drawn by a qualified technician. … provision pertaining to recidivist DWI offenders could be based solely on an exigency exception that itself is based solely on the dissipation of alcohol in the bloodstream has stood on shaky legal footing for some time—and clearly

Fort Worth Grain & Cotton Exchange v. Smith Bros. Grain Co.

40 S.W.2d 229 · Court of Appeals of Texas · May 21, 1931

From its charter is quoted the purpose of the corporation, “the establishment of a grain and cotton exchange with power to provide and maintain suitable rooms for the conduct of its business and to establish and maintain … We find 'nothing in our statutes that exempts or in any way qualifies the provisions of the statute above referred to. Appellant cites Price v. Brady, 21 Tex. 614 , as sustaining its contention.

Bell v. Ott

606 S.W.2d 942 · Court of Appeals of Texas · Sep 25, 1980

wholly undefined and uncertain interest therein and in effect is a mere release of an invalid or doubtful claim” and that it is not sufficient to give notice of the nature and extent of the claim asserted thereunder so as to qualify … Clearly, the court made *953 implied findings on those issues in support of the judgment in plaintiffs’ favor.

Sunset Transp., Inc. v. Tex. Dep't of Transp.

557 S.W.3d 50 · Court of Appeals of Texas · Apr 21, 2017

Section 14504a ) or a motor vehicle registered under the single state registration system established under 49 U.S.C. … As appellees acknowledge, valid claims under APA Section 2001.038 would not be barred by immunity. See Sunset I , 357 S.W.3d at 702 .

Ezon v. Faulkner Construction Company

422 S.W.2d 568 · Court of Appeals of Texas · Dec 6, 1967

A 100% maximum density can be assumed but not established without a test.” No proctor test was made and none was called for by the plans and specifications. … However it was shown that Faulkner and his subcontractor were qualified by education and experience to determine that the specifications as to percentage of compaction were met without a proctor test. Mr. William T.

Guaranty Bond State Bank of San Angelo v. Duncan

19 S.W.2d 400 · Court of Appeals of Texas · Jun 6, 1929

Duncan; establishment of the bank’s claims against the L. P. … The testimony related solely to the deed, and clearly it was admissible as to J. P. Duncan who signed the deed. In so far as L. P.

Deutsch v. City of San Angelo

73 S.W.2d 125 · Court of Appeals of Texas · May 23, 1934

He also alleged that, when he made said loan, the tax rolls according to the entries made thereon by the duly selected and qualified assessor and collector of taxes for said city showed that taxes for said years aggregating … And tbe court necessarily affirmatively held that estoppel would apply against the state under tbe facts pleaded where tbe injured party established facts otherwise sustaining estoppel.

in the Interest of E.J.R., a Child

503 S.W.3d 536 · Court of Appeals of Texas · Sep 29, 2016

court of appeals must consider and weigh all of the evidence, and we may set aside a verdict only if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly … Morris, 6 On a related front, N.L.C. also argues that the Affidavit qualifies under the doctrines of judicial admission and judicial estoppel, which foreclosed J.J.I. from offering any evidence on E.J.R.’s best

BNSF Railway Co. v. Chevron Midcontinent, L.P.

528 S.W.3d 124 · Court of Appeals of Texas · Mar 22, 2017

Chevron maintains that this case is straightforward, and that .the deed’s use *129 of the phrase “right of way” clearly shows that the deed conveyed only an easement. … Neale established that in the presence of mixed deed language, it is the intent as conveyed by the granting clause that controls.

Manning v. State

423 S.W.2d 406 · Court of Appeals of Texas · Dec 13, 1967

We think the State clearly alleged and convincingly proved that the operation McConnell and Manning carried on was a strategem and circumvention to evade the laws of this State and to practice a fraud. … We believe that under the statute the Legislature intended that certain qualified agents were authorized to act as a broker or agent for residents of this State to secure coverage from unauthorized insurers.

Walker v. Texas Electric Service Company

499 S.W.2d 20 · Court of Appeals of Texas · Jul 6, 1973

not conclusively established (Point 2). … conclusively established its affirmative defenses and that the trial court therefore correctly granted its motion for summary judgment.

State v. Johnson

843 S.W.2d 252 · Court of Appeals of Texas · Dec 8, 1992

Sergeant Boardman’s clearly stated reason for arresting the defendant was “because of the capital murder case” and this defendant was not arrested for a burglary of a motor vehicle. … The State again misreads the trial court’s findings of fact to establish that Johnson did enter Jeter’s vehicle without her permission.

Modine Manufacturing Co. v. North East Independent School District

503 S.W.2d 833 · Court of Appeals of Texas · Nov 29, 1973

Several of Modine’s witnesses, all of whom were qualified to testify on the subject, testified that reasonable variations in cooling capacity were considered to comply with specifications. … More importantly, however, such instruction clearly was a comment on the weight of the evidence and constituted error. Pittsburg Coca-Cola Bottling Works v. Ponder, 443 S.W.2d 546, 551 (Tex.1969).

Ford Motor Co. v. Nowak

638 S.W.2d 582 · Court of Appeals of Texas · Jun 30, 1982

However, King qualified this by stating that he could not be assured that it would help, but that it might help. … We, therefore, find that this present case is clearly distinguishable from the cases cited by Ford because there has been no favor asked for or granted.

Malone v. State

935 S.W.2d 433 · Court of Appeals of Texas · Aug 28, 1996

It is well established that different trial strategies may appear in hindsight to have been mistaken without falling to the level of ineffective assistance. … Again, Malone merely delineates the alleged oversights and does not establish how each may qualify as an example of ineffective assistance under the Strickland test.

Nick Yeh, Individually, Ashdon Inc. D/B/A Impression Bridal, and Emme Bridal, Inc. v. Ellen Chesloff

483 S.W.3d 108 · Court of Appeals of Texas · Dec 22, 2015

An intake questionnaire that has a checked Box 1, next to the statement “I want to file a charge of discrimination, and I authorize the EEOC to look into the discrimination I described above,” qualifies as a “charge.” … Texas Iron Works, 813 S.W.2d 483, 485–86 (Tex. 1991) (explaining that Chapter 21 “establishes a comprehensive administrative review system to carry out the policies embodied in Title VII” and “clearly encourages compliance

Lovelace v. Sabine Consolidated, Inc.

733 S.W.2d 648 · Court of Appeals of Texas · Jun 11, 1987

The contract clearly prohibited the contractor, i.e., Lovelace, from entering the agreement with Sabine or any other contractor or subcontractor. … Tantillo stated that he was particularly qualified for laying “big pipe” and doing the “nasty, deep construction,” including the deep sewers and shoring. He also testified, “I am a very honest person.”

Roosth v. Roosth

889 S.W.2d 445 · Court of Appeals of Texas · Oct 20, 1994

The judgment must also clearly order the party to perform the required acts. Id. … Code Ann. § 42.0021, retirement plan payments are exempt from attachment, execution, and seizure, but that such plans are not exempt if they do not qualify under applicable provisions of the Internal Revenue Code.

Wilson v. Meredith, Clegg & Hunt

268 S.W.2d 511 · Court of Appeals of Texas · Apr 15, 1954

Hooks the 18th day of April, 1881, which said deed is hereby made a part of this conveyance,” are not intended to define or qualify the estate or interest being conveyed by Hooks to Sarah E. … The evidence seems to establish that the lines around the Hooks place were established and well marked as early as 1884.; The parties stipulate,- . however,, that the boundary lines ■were marked prior to 1893, but since Hook's