Case law

American Indemnity Co. v. City of Austin

211 S.W. 812 · Court of Appeals of Texas · Apr 16, 1919

its regular session, and we do hereby adopt and subscribe articles of incorporation as follows: “(1) The name of this corporation shall be American Indemnity Company. “(2) The principal office of this corporation will be established … We use the italics to call attention to the fact that it is'the escaped taxes that are sought to be gathered, and by dropping the uselessly used w.ord, “heretofore,” from that provision, we have clearly the legislative meaning

Emscor Manufacturing, Inc. v. Alliance Insurance Group

879 S.W.2d 894 · Court of Appeals of Texas · May 19, 1994

provide a defense, and if the primary carrier fails or refuses to defend the insured, there is the temptation on the part of the insured to join with the injured party in a collusive arrangement that would give the insured immunity … Clearly, Emscor can step into the shoes of the bankrupt primary carrier, and clearly Emscor "admitted liability for the underlying limits." Therefore, summary judgment for Alliance was error.

In re Doe

501 S.W.3d 313 · Court of Appeals of Texas · Sep 8, 2016

Based on this reeord, we conclude that Applicant has not shown that the trial court clearly abused its discretion by failing to find that the notification and attempt to obtain consent would not be in the best interest of … We conclude, as is relevant infra, that the Department qualifies as a “reliable and informed source” under Doe I. .

Edwards v. Montgomery Ward & Co.

270 S.W.2d 432 · Court of Appeals of Texas · Jun 10, 1954

Clearly, if tendered evidence which would have rendered the instructed verdict improper was erroneously excluded, and if *434 the error or errors have been properly preserved and presented for review, the case must be reversed … Edwards fell had not been independently established by other evidence. The plaintiffs were endeavoring to establish it by proof of the extra-judicial statements and acts of Mr. Tortoris.

Fraud-Tech, Inc. v. Choicepoint, Inc.

102 S.W.3d 366 · Court of Appeals of Texas · May 8, 2003

The record clearly indicates that on June 15, 2001, the trial court conducted a hearing on Appellees’ motion to exclude FTI’s damages experts and on Appellees’ motion for summary judgment. … Law Governing Expert Opinion Evidence For an expert’s testimony to be admissible under Texas Rule of Evidence 702, the party offering the expert’s testimony bears the burden of proving that the witness is qualified, that

Gholson v. State

667 S.W.2d 168 · Court of Appeals of Texas · Jan 6, 1984

Any standard or criterion for judging whether certain material is offensive must be qualified by the notion of what would offend the hypothetical “average person” in the community, as the trier of fact perceives him. … Testimony of Officer Thompson established the fact that Appellant interrupted a telephone conversation to authorize the clerk to exchange the VHS cassettes for Betamax types.

Aronoff v. Texas Turnpike Authority

299 S.W.2d 342 · Court of Appeals of Texas · Jan 11, 1957

In other words, appellants had the burden of establishing that to allow them a jury trial (1) would not operate to injure the adverse party, and (2) would not disrupt the court's docket. … On the other hand, to defeat appellants' demand for a jury trial under the circumstances, appellee needed only to establish one — either one — of the conditions.

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

Mineral Holding Trust v. Stovall

288 S.W.2d 849 · Court of Appeals of Texas · Mar 1, 1956

Vance and I am the duly elected, qualified, and acting County Attorney of Jackson County, Texas, and the attorney for plaintiff, the State of Texas, in the above entitled and numbered cause. … We think appellees are clearly charged with notice, as a matter of law with all facts which a reasonable inquiry would have disclosed to them, and consequently are not bona fide purchasers.

Taylor Foundry Co. v. Wichita Falls Grain Co.

51 S.W.3d 766 · Court of Appeals of Texas · Jun 21, 2001

Specifically, Appellants argue that no proximate cause existed because the evidence established that Attebury hp had the ability to ship larger trains since 1984. … At the conclusion of the hearing the trial court ruled that Laur was qualified to testify and overruled Appellant’s objections to Laur’s testimony.

English v. Ramo, Inc.

474 S.W.2d 600 · Court of Appeals of Texas · Oct 29, 1971

Appellees' witness Vaughan was qualified as an appraiser of the stock of closely-held corporations. … Section 6 of the security agreement clearly provides for attorneys' fees if collection of the notes is enforced by suit.

Escobar, Tony

Court of Appeals of Texas · Dec 28, 2015

A witness is qualified to testify as an expert if the witness has sufficient background ...... in a particular field that goes to the very matter on which the witness 4 is … Appellant proffered evidence establishing that Thornton had lied to the police in the course of that investigation as well.

State v. Meyer

391 S.W.2d 471 · Court of Appeals of Texas · Jun 2, 1965

Dailey’s testimony, developed on bill of exception, clearly showed that he considered benefits to appellees remaining land, just as Legge did. … Examination of the State’s pleadings herein clearly establishes that the fee simple title to the surface of the 14.9456 acre tract was condemned by it.

Martin v. Texas Youth Council

445 S.W.2d 553 · Court of Appeals of Texas · Jun 11, 1969

This statute is clearly inapplicable to an escapee from a place of detention where he was detained under a valid and subsisting commitment from the trial court to the Texas Youth Council. … , training, discipline, recreation, and other activities carried on in the schools and other facilities shall be to restore and build up the self-respect and self-reliance of the children and youth lodged therein and to qualify

Gainesville Oil & Gas Co. v. Farm Credit Bank of Texas

847 S.W.2d 655 · Court of Appeals of Texas · Feb 9, 1993

Clearly, appellants sought no relief by way of suspension of enforcement of judgment which they allege had no function and was meaningless. … Necessarily and logically, to determine whether the price paid at the foreclosure sale was grossly inadequate, the fair cash market value of the land at the time of sale must be established.

Perez v. State

495 S.W.3d 374 · Court of Appeals of Texas · May 5, 2016

The State introduced the BAC evidence to establish appellant’s intoxication under the per se theory. … The nurse’s testimony establishes nothing more than appellant’s acquiescence, which does not establish consent. See Bumper v.

Buckley v. State

758 S.W.2d 339 · Court of Appeals of Texas · Aug 23, 1988

The Court in the Coy case clearly stated that the "Confrontation Clause guarantees the defendant a face-to-face meeting with witnesses appearing before the trier of fact." (Emphasis added.) … The only way that this evidence could qualify under the exceptions in Tex.R.Evid. 803 is if it could qualify as a present sense impression, an excited utterance, a statement made for the purposes of medical diagnosis and

Texas Fidelity & Bonding Co. v. Elliott

195 S.W. 301 · Court of Appeals of Texas · Apr 25, 1917

. * * * Ownership may be qualified or unqualified, legal or equitable, and from the mere fact that the legal title of this lot is not in IT. W. … The undertaking is general that Peterson & Sampson will ‘well and truly perform the covenants and stipulations’ in the contract, and the surety clearly assumed liability for any and all damages naturally and directly resulting

Islas, Brandon AKA Islas, Brandon Cary

Court of Appeals of Texas · Nov 30, 2015

In this case, the State made a prima facie case of jurisdiction by pleading two,qualifying convictions in the indictment. SLA E`xh. A. … The greater weight of precedent relevant to a 'Dexas conviction clearly establishes that I was entitled to the application of leNeely~ to the appellate review of my conviction.

Gonzales, Henry Jr.

Court of Appeals of Texas · May 15, 2015

The error committed by the trial court in the case below is categorically immune to a harmless error analysis because it constitutes structural error of a federal constitutional nature tantamount to the error committed … Considering the depth and breadth of public familiarity with the long- established principle of American jurisprudence forbidding the conviction of anyone accused of a criminal offense except upon proof beyond a reasonable