Case law

Willis v. Snodgrass

302 S.W.2d 706 · Court of Appeals of Texas · May 9, 1957

Said will was admitted to probate by the County Court of Titus County, Texas; Felix Jones qualified as Independent Executor, administered and closed the estate, and delivered the property of the estate to the parties whom … The plaintiff must establish that he will be damaged, injured or prejudiced if the defendant is not held to be es-topped.”

TEXAS EMPLOYERS'INS. ASS'N v. Mincey

255 S.W.2d 262 · Court of Appeals of Texas · Jan 23, 1953

The first doctor who saw claimant said he did not consider himself qualified to make a diagnosis of claimant’s nervous system and sent him to a “neurosurgeon,” “a brain specialist, with emphasis on surgery of the brain,” … Unless from the context the meaning is clearly to the contrary, *267 such terms shall also he construed to mean and include occupational diseases, as hereinafter defined.’ “In Middleton v.

Smith Bros., Inc. v. Lucas

15 S.W.2d 27 · Court of Appeals of Texas · Dec 8, 1928

home rule" amendment stripped the Legislature of the power theretofore possessed to grant or amend charters of cities of 5,000 inhabitants, and vested the same in said cities, to be exercised by a majority vote of their qualified … Law, 236 , and then said: "That case established, also, the principle that where the Legislature authorizes a reassessment for the cost of a municipal improvement in the place of one that has been set aside, the new proceedings

Hand v. Dean Witter Reynolds Inc.

889 S.W.2d 483 · Court of Appeals of Texas · Nov 17, 1994

Two days after the transfer, Capital attempted to established new naked short options positions for its customers. … Thus, appellant clearly did not purchase any work, labor, or service.

C. E. Duke's Wrecker Service, Inc. v. Oakley

526 S.W.2d 228 · Court of Appeals of Texas · Jul 17, 1975

It has long been established that where a rule of procedure established pursuant to the power vested in the Supreme Court conflicts with a legislative enactment, the rule must yield. Few v. … Oakley might reasonably be found qualified to perform.

Derek Thomas Baldit v. State

522 S.W.3d 753 · Court of Appeals of Texas · May 2, 2017

EVID. 104(a) (“The court must decide any preliminary question about whether a witness is qualified . . . .”). … D.G. was able to clearly articulate what occurred between appellant and Elvir.

State v. Abigail Marie Stubbs

502 S.W.3d 218 · Court of Appeals of Texas · Aug 9, 2016

Peterson, 225 F.3d 899, 905–06 (7th Cir. 2000), where the Seventh Circuit Court of Appeals qualified such observation specifically with the Supreme Court’s opinions in Ward and Hill and where the parties in fact agreed that … We conclude Stubbs has not met her burden to establish that section 33.07(a) is facially overbroad.

Green v. Farmers & Merchants State Bank

100 S.W.2d 132 · Court of Appeals of Texas · Nov 30, 1936

There could be no clearer -statement of the purpose of the parties in establishing the guaranty fund, and of the disposition to be made thereof when the defendant bank had realized $172,266.34. … This paragraph clearly denies the right of the defendant bank to any part of the $25,000 if the full sum has been previously realized within the time stated.

Exxon Corporation v. Brecheen

519 S.W.2d 170 · Court of Appeals of Texas · Jan 9, 1975

/s/ Bill” The evidence quoted, and other evidence in the record, clearly support a finding that as a result of the accident of March 10, 1970 Mr. … This appears to be established by the contents of the suicide note. However, if we accept Dr.

Vann v. Calcasieu Trust Savings Bank

204 S.W. 1062 · Court of Appeals of Texas · Feb 8, 1918

On June 8, 1914, appellants were appointed temporary administrators of the estate of said Ogden in Texas and continued as such until July 8, 1914, when they were appointed and qualified as permanent administrators. … determined in the former suit was not due to any negligence or fault on the part of the party against whom the rule is invoked in the second suit and its enforcement will produce manifest injustice, unless the issue was clearly

Chicago, R. I. & G. Ry. Co. v. Smith

197 S.W. 614 · Court of Appeals of Texas · Jun 27, 1917

He, above all others, was best qualified to state this fact. A., T. & S. F. Ry. Co. v. Click, 32 S. W. 226 . There was no element of speculation involved in his answer. … The answer of the appellee clearly does not bring this case within that rule.

City Com'rs of Port Arthur v. Fant

193 S.W. 334 · Court of Appeals of Texas · Nov 24, 1916

This case, we think, clearly announces the correct doctrine, and is supported by the weight of authority. … A careful examination of that case will show that it does not establish the proposition.

Michael Amos v. State

478 S.W.3d 764 · Court of Appeals of Texas · Jul 3, 2015

Later H.C. qualified what she actually saw: A. I can see the broom, like, being, like, swung at her. Q. Swung at her. But you can’t tell where on Zoe’s body she’s being hit? A. No. … A clear abuse of discretion occurs only when the trial court’s decision is so clearly wrong as to lie outside that zone within which reasonable persons might disagree. Cantu v. State, 842 S.W.2d 667, 682 (Tex. Crim.

Barrier v. Brinkman

80 S.W.2d 365 · Court of Appeals of Texas · Oct 12, 1934

The fraud issue was clearly made by pleading and proof. … All three qualified as experienced real estate men of, the city of Port Arthur.

In re CVR Energy, Inc.

500 S.W.3d 67 · Court of Appeals of Texas · Jun 28, 2016

We presume that the Legislature adopts the common meaning of a word unless the Legislature provides a different definition or the language clearly indicates otherwise. … persons who are responsible for the claimant’s injury, regardless of whether they are subject to the court’s jurisdiction or whether there is some other impediment to the imposition of liability on them, such as a statutory immunity

Coastal States Crude Gathering Co. v. Williams

476 S.W.2d 339 · Court of Appeals of Texas · Dec 30, 1971

The evidence establishes varying degrees of negligence on the part of each. … Clearly, as between them, this amounted to a breach of duty that Pan Am owed Coastal States.

Ex parte Duque

540 S.W.3d 136 · Court of Appeals of Texas · Sep 14, 2017

Appellant concluded his affidavit by averring that, if he had known either that his guilty plea would make his deportation virtually mandatory or that he would not qualify for discretionary relief, he would not have pleaded … However, when federal law clearly requires deportation following a guilty plea, counsel has a duty to correctly advise his client about the deportation consequences of the plea.

Stephenson v. St. Louis Southwestern Ry. Co. of Texas

181 S.W. 568 · Court of Appeals of Texas · Dec 4, 1915

The shipper has always possessed the privilege of selecting the route or carrier over which he desires to transport his freight, and, according to the Supreme Court, the anti-trust act does not qualify that right, since it … In order to effect such purpose under the contract under discussion it must be construed to establish an agreement to exclusively ship freight over the line of appellee railway company.

Schaban-Maurer v. Maurer-Schaban

238 S.W.3d 815 · Court of Appeals of Texas · Oct 11, 2007

Accordingly, we will reverse only if the record demonstrates that the trial court clearly abused its discretion, and the error materially affected the just and right division of the community estate. 2 Id. B. … The appellate court held, however, that the parent possessed general skills and experience that would qualify her for employment. Id.

Richmond Condominiums v. Skipworth Commercial Plumbing, Inc.

245 S.W.3d 646 · Court of Appeals of Texas · Feb 7, 2008

We agree with Richmond Condominiums that a proper foundation had not been laid to qualify Priester to testify whether he had any criticism of Skip-worth’s plumbing work. … There was no testimony or other evidence presented that qualified Priester to testify to the adequacy of Skipworth’s plumbing work.