Case law

Sharifi v. Steen Automotive, LLC

370 S.W.3d 126 · Court of Appeals of Texas · Jun 14, 2012

However, generally, a property owner is qualified to testify to the value of his property even if he is not an expert. Reid Road Mun. Utility Dist. No. 2 v. … According to Shari-fi, “an award of $106,400.00 in lost profits is clearly outside the range of the evidence presented and has no support in fact or in law.”

Amboree v. Bonton

575 S.W.3d 38 · Court of Appeals of Texas · Mar 5, 2019

They argued in their motion that any claim relating to the July 2010 meeting "is clearly barred by the four[-]year statute of limitations" provided by the residual limitations statute. … ("Academy [charter school] established in its summary-judgment motion that Johnson, as superintendent and board director, owed Academy a fiduciary duty and that he had responsibility for and control over Academy's management

Combs v. Howard

131 S.W.2d 206 · Court of Appeals of Texas · Jun 2, 1939

When it is once established that the testator destroyed or caused his will to be destroyed, the legal presumption arises that he did so for the purpose of revoking it. … Clearly, by the terms mentioned, there had been some kind of agreement or contract between testatrix and her deceased husband, by which she felt obligated to pass the property as she did.

Transcontinental Gas Pipe Line Corp. v. American National Petroleum Co. Ex Rel. Oil Investments, Ltd.

763 S.W.2d 809 · Court of Appeals of Texas · Nov 8, 1988

In the case at bar, the intent of the parties to establish an exclusive remedy for dissatisfaction with a nominated market-out price for gas is clearly expressed. … The contract provision clearly allowed the sellers to withdraw the gas and resell it to another producer rather than accept the reduced price.

Atlantic Richfield Co. v. ANR Pipeline Co.

768 S.W.2d 777 · Court of Appeals of Texas · Feb 2, 1989

Section 1.205 defines course of dealing as “a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their … It specifically provides that a “course of dealing” or “usage of trade” give particular meaning to and supplement or qualify terms of an agreement and that “the express terms of an agreement and an applicable course of dealing

Galveston, Harrisburg & San Antonio Railway Co. v. Croskell

6 Tex. Civ. App. 160 · Court of Appeals of Texas · Jan 10, 1894

The testimony did not in any way tend to relieve the Texas & Pacific Railway Company from the acts of negligence charged and established against it. … The evidence, to our minds, clearly shows that the negligence of both appellants proximately contributed to and caused the injury sustained by the appellee.

Railroad Commission v. Texas & New Orleans R.

42 S.W.2d 1091 · Court of Appeals of Texas · Oct 14, 1931

Several witnesses, as well qualified, testified, however, that such a man or person would not help, but rather interfere, by talking with the motorman, thereby attracting his attention from the safe operation of the ear. … It is therefore an established rule of construction that general words and phrases, however wide and comprehensive in their literal sense, must be construed as strictly limited to the immediate objects of the act, and as

Dahl v. Akin

645 S.W.2d 506 · Court of Appeals of Texas · Oct 29, 1982

Akin qualified as guardian. We disagree. … It is unambiguous and clearly expresses the intention of the trustor. There is no expressed intention that trust funds are to be expended in payment of Mr.

City of Farmersville v. Texas-Louisiana Power Co.

55 S.W.2d 195 · Court of Appeals of Texas · Oct 29, 1932

Texas Louisiana Power Co., Appellee, receivers were appointed and qualified, with full power to possess, control, and continue the business of appellee, and that all persons were enjoined from instituting or prosecuting or … expressed in the title relating to the change in population of cities to be brought within the scope of the statute is an object entirely separate and distinct from the other object attempted, is complete within itself, clearly

City of Kennedale v. City of Arlington

532 S.W.2d 668 · Court of Appeals of Texas · Jan 9, 1976

By their agreement they also established a joint extraterritorial jurisdictional dividing line between them. … He qualified as an expert in the field of demography.

West Texas Transp. Co. v. Hash

43 S.W.2d 152 · Court of Appeals of Texas · Jul 3, 1931

objection 7-a was seasonably made and overruled, the judgment must be reversed upon the following authorities, holding that, on an issue of unavoidable accident in a negligence case, the burden is upon the plaintiff to establish … The bill of exceptions clearly certifies more than once that the change in the charge was made at a time unknown to defendant’s counsel, and that they had no knowledge thereof until after the jury returned its verdict in

Decatur Cotton Seed Oil Co. v. Belew

178 S.W. 607 · Court of Appeals of Texas · May 1, 1915

Wliat proof is necessary to establish disappointment and distress arising from a loss of manhood? We instinctively know. … It seems to us that the physical pain resulting from the injury, which is clearly an element of damage, was not more natural than the distress and anxiety of mind occasioned by the consciousness that the injury received was

Elliott, Tevin Sherard

Court of Appeals of Texas · Jul 9, 2015

The Court of Appeals fails to consider all of the deficiencies of counsel clearly demonstrated by the appellate record. … None of these instances would have qualified as properly admissible under Tex. R. Evid. 404(b) and 403, because Tex. R.

Georgia Casualty Co. v. McClure

239 S.W. 644 · Court of Appeals of Texas · Mar 22, 1922

It also clearly appears that appellee made no attempt to unlawfully injure Jim Hodge; that he was not the aggressor in the trouble with Jim Hodge, but that he was defending himself from an assault by Jim Hodge. [6] Appellant … The right was not qualified by imposing a penalty upon a party in the event of a determination adverse to him.

Burnett v. Howard

466 S.W.2d 16 · Court of Appeals of Texas · Jan 21, 1971

Their next points of error assert that each of the jury findings is so against the great weight of the evidence as to be clearly wrong. In deciding the latter points we must consider all the evidence. Garza v. … He was shown to be qualified to testify as an expert concerning his investigation.

RSL Funding, LLC v. Pippins

424 S.W.3d 674 · Court of Appeals of Texas · Jan 30, 2014

Proof of prejudice is required; proof establishing the precise extent of that prejudice is not. Perry Homes, 258 S.W.3d at 599-600 . … (grant of motion to dismiss based on official immunity). This failure to challenge provides an alternative basis for affirming the trial court’s holdings. See, e.g., In re Elamex, 367 S.W.3d at 888 ; U.S.

Elliott, Tevin Sherard

Court of Appeals of Texas · Jul 1, 2015

None of these instances would have qualified as properly admissible under Tex. R. Evid. 404(b) and 403, because Tex. R. … The State qualified her statement by asking if she was so intoxicated she could not walk. Jasmin replied that she could walk.

Fox v. Lewis

344 S.W.2d 731 · Court of Appeals of Texas · Mar 1, 1961

Clearly appellants are guilty of laches. They have not yet specifically sought the relief to which they claim they are entitled. … It is not contended that the evidence conclusively established this nonappearance as a fact.

Hunt v. Carroll

157 S.W.2d 429 · Court of Appeals of Texas · Jun 19, 1941

tend to shed light upon the intention of the testator may be considered, 44 Tex.Jur. 688; when ascertained, the intention of the testator must be effectuated, unless it contravenes the public policy of the state or its established … Clearly, on the definitions cited above, the interests of the devisees under the wills in litigation in these cases were in the nature of executory devises. Camden Safe Deposit & Trust Co. v.

Urrutia v. Patino

297 S.W. 512 · Court of Appeals of Texas · May 25, 1927

Here the burden was on appel-lees to establish that fact. … My diagnosis at this time was locomotor ataxia and nephritis, prior diseases of the same origin, chronic prior diseases produced by syphilis, and at the same time the locomotor ataxia is clearly confirmed by the examination