Case law

Craig v. City of Dallas

20 S.W.2d 154 · Court of Appeals of Texas · Jun 28, 1929

This holding was clearly erroneous. … provision is mandatory and made the right of plaintiff to just compensation for damage to his property absolute and placed it beyond the power of the Legislature to impose conditions on such right of recovery or to otherwise qualify

Nancy Alanis v. US Bank National Association as Successor Trustee to Bank of America National Association, as Successor by Merger to One LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE6

489 S.W.3d 485 · Court of Appeals of Texas · Nov 3, 2015

It argued that it was entitled to have the trial court render a take-nothing judgment in its favor because Alanis’s claims were “barred by the qualified immunity for foreclosure counsel and the judicial proceedings privilege … challenge to the factual sufficiency of the evidence to support the jury’s findings, we consider all the evidence and set aside the judgment only if it is so contrary to the overwhelming weight of the evidence as to be clearly

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.

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

French v. Bank of Southwest Nat. Ass'n, Houston

422 S.W.2d 1 · Court of Appeals of Texas · Nov 30, 1967

These allegations, as well as other allegations found in the petition of appellee on which the case was tried, show clearly that appellee was relying on the breach of a written contract as grounds for recovery. … He qualified as an expert in making appraisals of oil and gas properties.

State of Texas' Agencies & Institutions of Higher Learning v. Public Utility Commission

450 S.W.3d 615 · Court of Appeals of Texas · Dec 4, 2014

The rates of transmission and distribution utilities, on the other hand, are clearly still regulated, evidenced by the necessity of this ratemaking proceeding. … AMS-qualified meters are herein referred to as "advanced meters.” .

Mills v. Mills

206 S.W. 100 · Court of Appeals of Texas · Jun 1, 1918

They merely suggest or give rise to the thought, without possessing any probative force to establish the fact sought to be established, that *104 appellant forged the will. … Shelton, and who was clearly shown to be well qualified to speak as an expert, testified without equivocation that in his opinion the signature “D. O. Shelton” to the will was Mr. Shelton’s genuine signature.

Beggs v. Allred

73 S.W.2d 599 · Court of Appeals of Texas · May 18, 1934

Allred, the legally qualified and constituted Attorney General of the state of Texas, filed a petition in the district court of Parker county complaining of George Beggs, Edward W. Taylor, Gertrude Farmer, and Harry T. … In such cases, courts cannot establish and administer the fund as charitable.

City of Houston v. West

514 S.W.2d 299 · Court of Appeals of Texas · Aug 8, 1974

Reed was shown to be qualified as an expert witness to testify as to the market value of the property. … Clearly, they are considerably smaller than the Wests’ 20.699 acre tract.

McLellan v. Brownsville Land & Irrigation Co.

46 Tex. Civ. App. 249 · Court of Appeals of Texas · May 1, 1907

The charge is clearly without legal warrant, and the court should have entertained the exception to that portion of the answer that formed the basis of the charge. … Appellant sought to qualify the charge by an instruction to the jury that the duty of building the embankments did not devolve on appellant unless it appeared: “1st.

Long v. Castaneda

475 S.W.2d 578 · Court of Appeals of Texas · Dec 30, 1971

Black was his wife and is living and now surviving him; that his widow had not qualified as independent executrix of his estate at the time of the hearing. … There has been no showing that the Nebraska Bank has proved its claim and established its judgment accordingly.

Atkinson v. Peron

447 S.W.2d 503 · Court of Appeals of Texas · Oct 23, 1969

The precise reason for use of the figure “70 ⅜” acres is not clearly apparent, but such figure becomes immaterial under our disposition of the case. … King made an election under the will of Ray King, and took only a life estate thereby; that Barbara King, who subsequently remarried and became Barbara King Smith, died on June 4, 1963 and appellant Burnell King Atkinson qualified

Little v. Delta Steel, Inc.

409 S.W.3d 704 · Court of Appeals of Texas · Jul 11, 2013

These cases are distinguishable, however, because they each concerned whether more than one entity could qualify as a plaintiffs employer and could establish workers’ compensation insurance coverage, which is not the issue … Bristol-Myers Co., 168 Wis.2d 863, 886 , 485 N.W.2d 31, 39 (1992) (deciding that it would be “inequitable to provide immunity to a parent corporation that had assumed a duty of care to its subsidiary’s employees and whose

Texas Employers Insurance Association v. Melton

304 S.W.2d 453 · Court of Appeals of Texas · Jun 13, 1957

It’s asking for a broad conclusion on the part of this witness, and she does not qualify as an expert witness to express an opinion on such matters as that.” The objection of appellant was overruled. … In that -case our Supreme Court held that “opinion testimony does not establish any material fact as a matter of law.”

Priolo v. City of Dallas

234 S.W.2d 1014 · Court of Appeals of Texas · Nov 24, 1950

The property, consisting of land, a building or buildings, and a business establishment *1017 thereon, is considered as a whole in the ultimate issue as to market value. … On the uncontroverted testimony to the effect that the defendants would lose (not that they did) profits perforce of the street improvement, how can it be said that the proffered testimony of Cole, clearly cumulative, resulted

Rivera v. Atchison, T. & S. F. Ry. Co.

149 S.W. 223 · Court of Appeals of Texas · Jun 6, 1912

Appellant duly qualified as administratrix and personal representative and entered suit to collect the damages upon said cause of action in the United States Circuit Court for the AVestern District of Texas. … When Congress, in the exertion of the power confided to it by the Constitution, adopted that act, it spoke for all the people and all the states, and thereby established a policy for all.

Naylor v. Parker

139 S.W. 93 · Court of Appeals of Texas · May 20, 1911

But this is clearly the effect of the contract, and the exception addressed to plaintiffs’ petition on the ground that the contract was uncertain in its terms was properly overruled. … Erwin, Jr., to give his opinion of the market value of the land as we think he showed himself qualified to express such opinion. [13] The abstract of title was admissible to show title in the defendants, and hence their ability

Prudential Insurance Co. of America v. Jefferson Associates, Ltd.

839 S.W.2d 866 · Court of Appeals of Texas · Oct 14, 1992

Aguilar, 794 S.W.2d 459, 464 (Tex.App.1990, writ ref’d), the Dallas Court of Appeals held that a car salesman’s statement that a Mercedes was the “best engineered car in the world” did not qualify as an actionable misrepresentation … The actual damages found by the jury were clearly contract damages.

Traders & General Ins. Co. v. Hunter

95 S.W.2d 158 · Court of Appeals of Texas · May 4, 1936

The record shows that he made an examination of the appellee the night before he testified, for the purpose of qualifying himself as a witness. … W. (2d) 313 , 317: “Under the well-established rule of decisions in many cases, notably [Dallas Hotel Co. v. Fox (Tex.Civ.App.) 196 S.W. 647 ] Fox v.

Barrios, Jose Manuel

Court of Appeals of Texas · Feb 4, 2015

Green (the trial court judge in this case) qualifies as a magistrate under article 2.09 and is an attorney licensed by the state, which explicitly qualifies him as a magistrate who can issue blood warrants under article … The credibility of the affiant is sufficiently established in the affidavit for the search warrant.