Case law

Zummo Cattle Company v. Millard

482 S.W.2d 17 · Court of Appeals of Texas · May 11, 1972

In passing on appellant Zummo’s point that the jury’s answer to Issue No. 18 is so contrary to the overwhelming weight and preponderance of the evidence as to be clearly wrong, we must consider all of the evidence, both that … The parol evidence rule is the rule which, “upon the establishment of the existence of a writing intended as a completed memorial of a legal transaction, denies efficacy to any prior or contemporary expressions of the parties

Marin Real Estate Partners, L.P. v. Vogt

373 S.W.3d 57 · Court of Appeals of Texas · Nov 23, 2011

Clearly, facts and circumstances may change over the course of three years. See Persyn v. Ishihara, 608 S.W.2d 279, 280 (Tex.Civ.App. … Expert testimony is admissible when the expert is qualified and his testimony is relevant and based on a reliable foundation. Mendez, 204 S.W.3d at 800 .

4Front Engineered Solutions, Inc. v. Carlos Rosales, Individually, and Rosa Mejia as Next Friend of Carlos Rosales, Jr.

512 S.W.3d 357 · Court of Appeals of Texas · Mar 12, 2015

without securing the services of another who is qualified.” … In light of this evidence, we cannot say that the jury’s comparative responsibility findings were supported only by evidence “so weak as to make the verdict clearly wrong and manifestly unjust.”

State v. Fidelity & Deposit Co. of Maryland

35 Tex. Civ. App. 214 · Court of Appeals of Texas · Mar 16, 1904

Section 2 prescribes that such companies, to be so qualified to act as surety or guarantor, must comply with the requirements of every law of this State applicable to such companies doing business here. … On the other hand it is clearly indicated that the deposit was intended to be permanent, just so long as the company intended to do business within this State.

Humble Oil & Refining Co. v. Owings

128 S.W.2d 67 · Court of Appeals of Texas · Mar 31, 1939

Owings, deceased, and his surviving wife, Cora Lee Owings, who qualified as Community Survivor under the statutes provided in such cases. It is conceded that P. C. … We think clearly there was no error committed by the court in permitting the evidence contained in the map to go to the jury, in view of the surveyor's testimony.

Zisblatt v. Zisblatt

693 S.W.2d 944 · Court of Appeals of Texas · Jul 17, 1985

He further qualified this statement by continuing: “That he [Jack] is the salesman, he is the contract, he has nobody else to really work for him.” … This is clearly a fraud on the rights of the community.

Missouri, K. & T. Ry. Co. of Texas v. Luten

203 S.W. 909 · Court of Appeals of Texas · May 4, 1918

But the rule, as above stated, is firmly established. … Luten is not qualified by any other statement made by her in reference to the blowing of the whistle for the crossing in question., She said that, if the engineer sounded the whistle for the Dallas and Waco crossing, which

Austin v. Lacy

2 S.W.2d 876 · Court of Appeals of Texas · Feb 1, 1928

Sparkman qualified by giving bond in the sum of $10,000, with J. G. Pegues and A. L. Connor as sureties. … Clearly they could have recovered only the drafts, because these were the subject-matter of the contract which was rescinded.

Merrill v. Sprint Waste Services LP

527 S.W.3d 663 · Court of Appeals of Texas · Aug 15, 2017

Lay witness opinion testimony is admissible as long as it is rationally based on the witness’s perception and helpful to understanding clearly the witness’s testimony or determining a fact in issue. Tex. R. … We note that Merrill never objected to Veal’s opinion that the accident was caused solely by Merrill’s passing unsafely, Merrill moved to exclude Veal’s testimony on the grounds that (1) Veal was not qualified as an expert

First Nat. Bank of Tulsa, Okl. v. Hoover

269 S.W. 262 · Court of Appeals of Texas · Jan 28, 1925

The proposition is a sound one, and, if the evidence established the plaintiff’s plea that it was an innocent purchaser in good faith, for- a valuable consideration and without notice of the claims of defendant Hoover, it … When this settlement was had, whether before or after Hoover’s receipt of the order from Moody, does not clearly appear.

Fournier, Curtis

Court of Appeals of Texas · Feb 2, 2015

Immunity from procedural default .......................................................................... 30 d. … In cases where people are clearly convicted only for unconstitutional offenses, it is not necessary for courts re-evaluate and re- weigh the evidence.

City of Dallas v. GTE Southwest, Inc.

980 S.W.2d 928 · Court of Appeals of Texas · Dec 10, 1998

Cook to the trial court as a person qualified to testify about network access and EUCL charges or their inclusion in the franchise fee payment base. … For reasons we have already stated, the evidence clearly supports that answer, and the trial court did not err by overruling GTESW’s motion for directed verdict that was grounded on the premise that the jury heard no evidence

Vasquez, Salvador Jr.

Court of Appeals of Texas · May 15, 2015

EVID. 701 (permitting opinions based on perception) with 702 (permitting testimony from witness qualified by, inter alia, experience and training); see Osbourn v. State, 92 S.W.3d 531, 536 (Tex. Crim. … The State asserts these facts are “concrete” and, thus, not subject to credibility determinations because they are conclusively established by indisputable visual evidence—the recording.

Garcia v. Pruski

563 S.W.3d 333 · Court of Appeals of Texas · Aug 29, 2018

Garcia also alleged that Pruski "owed him a legal duty to prevent [the bull] from straying onto State Highway 123 and that [Pruski] clearly breached such duty." … "[C]ause in fact is not established where the defendant's negligence does no more than furnish a condition which makes the injuries possible." Id.

Holliday v. Smith

458 S.W.2d 106 · Court of Appeals of Texas · Aug 27, 1970

He was the named independent executor and qualified as such. After judgment was entered appellee died before the appeal was taken. The cause was not abated and is properly before us. … This Court has before it sufficient established facts to render such judgment. Guilliams v. Koonsman, 154 Tex. 401 , 279 S.W.2d 579 (quoted in Justice Sharpe's opinion).

Winans v. McCabe

41 Tex. Civ. App. 99 · Court of Appeals of Texas · Dec 6, 1905

in controversy was within a five miles radius of the home sections of both plaintiff and defendant, and that both were over twenty-one years of age at the time that they applied to purchase the land in controversy, and qualified … But if the entire certificate had been excluded, the ruling would not have benefited the appellant, because there is enough uncontradicted evidence in the record, independent of the certificate, to establish the appellee’

City of Wichita Falls v. Jones

456 S.W.2d 148 · Court of Appeals of Texas · Jun 12, 1970

It was not essential that this witness view the land in question on the day of the taking in order to make him qualified to testify as to its value as of that date. … The rule is well established that objections to evidence that are different from those urged in the trial court will not be considered on appeal.

Carr v. Smith

22 S.W.3d 128 · Court of Appeals of Texas · Jun 29, 2000

Additionally, the civil rule clearly states only one shuffle is to be granted. See id. … Further, this court noted that the appellant had actively asserted her rights and moved for a mistrial on those grounds, and that she had sufficiently developed a record to establish her jury was impermissibly assembled and

Bevers v. Winfrey

260 S.W. 627 · Court of Appeals of Texas · Jan 26, 1924

“We unánimously rule that a high school building be established on the Humble four-acre tract, and a primary school be built at Hull, consisting of seven or eight rooms. … It would be a violation of the expressed wishes and instructions of a large majority of the qualified voters and patrons of the school residing in said Hull independent school district, as evidenced by their action in elections

Magcobar North American v. Grasso Oilfield Services, Inc.

736 S.W.2d 783 · Court of Appeals of Texas · Jun 30, 1987

Grasso further offered to pay for all costs of laying pipelines, pumps, and other necessary equipment, to comply with all governmental and corporate regulations, to carry adequate insurance, and to use qualified staff. … For instance, John Bagley testified that sales of up to 700,000 gallons of diesel fuel per month were possible, though this was qualified by saying that some months would have sales below 500,000 gallons.