Case law

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.

Cal Dive Offshore Contractors Inc. v. Nigel Bryant

478 S.W.3d 914 · Court of Appeals of Texas · Oct 20, 2015

P. 8.3(a). 7 clearly, fairly, correctly, and completely. Hatfield, 316 S.W.3d at 57. … The specific procedures established by Rule 203 must be followed for the determination of foreign law. Id. at 761.

Hoyt v. First Nat. Bank of Chester

247 S.W. 637 · Court of Appeals of Texas · Oct 14, 1922

“In this case the burden of proof is upon the defendants Hoyt and Bellport to establish the material allegations of their pleadings by a preponderance of testimony.” … facie, at least, the representations that Freshwater was in possession of the property, and that no one* else was asserting any claim to such possession, were statements of fact, and, if those statements were made in any qualifying

Baccus v. American States Insurance Co. of Texas

865 S.W.2d 587 · Court of Appeals of Texas · Nov 9, 1993

This evidence does nothing more than to establish that appellant suffered injuries to his neck and back from a 1984 auto accident. … This included the treating physician’s qualified release prohibiting the lifting of objects weighing more than forty-five pounds.

Rutherford v. Page, Southerland & Page

429 S.W.2d 602 · Court of Appeals of Texas · May 29, 1968

The stipulation of the parties, quoted above, so establishes, and the initial — mid-February— right to rescind is not questioned here. … The burden of proof in establishing the alleged defense of accord and satisfaction was on the appellants as cross-defendants in the trial court.

Woodman v. State

491 S.W.3d 424 · Court of Appeals of Texas · Apr 5, 2016

This statement does not qualify as an oath. There was no jurat or declaration that counsel had made his averments under penalty of perjury. See Tex. Civ. Prac. & Rem. Code § 132.001. … To be entitled to relief on the basis of juror misconduct, the defendant must establish that “an outside influénce was improperly brought to bear on any juror.” See Tex.R.

Atchison, Topeka & Santa Fe Railway Co. v. Holloway

479 S.W.2d 700 · Court of Appeals of Texas · Feb 24, 1972

Santa Fe produced its expert upon the braking system of the train and he qualified from experience operating such equipment as well as formal studies. … In my judgment, the evidence is clearly insufficient to show that conductor Johnson's warning was heard and realized by the engineer.

Vargas, Victor James

Court of Appeals of Texas · Mar 2, 2015

Establish minimum attorney qualifications. … Establish minimum attorney qualifications.

Loper v. Meshaw Lumber Co.

104 S.W.2d 597 · Court of Appeals of Texas · Mar 19, 1937

He qualified as such, and in July, 1924, approved a claim of the banking commissioner of Texas against the estate of T. S. Hatton for the sum of $25,000. … Judgment was taken establishing taxes amounting to $307.70, costs, etc., with the foreclosure of the lien on said property as against all remaining defendants.

Henry & Sons Construction Co., Inc. v. Pablo Campos

510 S.W.3d 689 · Court of Appeals of Texas · Oct 6, 2016

A party seeking to compel arbitration must first establish the existence of a valid arbitration agreement between the parties. … We apply the same reasoning to conclude that HSC has not established a ratification.

Andrus, Terence Tramaine

Court of Appeals of Texas · Dec 9, 2015

App. 1994) (noting that Batson error is not immune from procedural default); Rosales v. State, 841 S.W.2d 368, 380 (Tex. Crim. App. 1992) (same); Mathews v. State, 768 S.W.2d 731, 733 (Tex. Crim. … App. 1989) (holding Batson is not immune from procedural default). 43 T EX. R. A PP. P. 38.1.

Richardson v. McCloskey

261 S.W. 801 · Court of Appeals of Texas · Feb 20, 1924

Neill qualified thereunder as independent executor without bond January 11, 1918. *806 (3) That T. H. … After appellants qualified as independent executors under appointment of the codicil to the will of T. H.

Southwest Bank & Trust Co. v. Executive Sportsman Ass'n

477 S.W.2d 920 · Court of Appeals of Texas · Mar 3, 1972

Evans qualified as an expert on the value of businesses from a purchaser’s viewpoint. … Darnell, 94 S.W.2d 1225 (Tex.Civ.App., Amarillo 1936, no writ). 3 Although the opinions cited do not state clearly the reason for limiting recovery of actual damages for wrongful levy on property used in a business to the

Carstairs v. Bomar

48 S.W.2d 786 · Court of Appeals of Texas · Mar 17, 1932

They were not made as clearly and distinctly as I have stated them, but took the form of accusations by Mrs. … stated, might be more clearly stated.

E. Nelson Mfg. & Lumber Co. v. Roddy

34 S.W.2d 624 · Court of Appeals of Texas · Nov 19, 1930

The contrary was clearly the intention of the parties. The assignment was immediately recorded as notice to the world oí its provisions and purposes. … It should be qualified by the statement that, when the existence of the assigned fund is dependent upon performance by the assignor of an executory contract, the anticipatory debtor may, at any time, do whatever reasonably

Keith v. Seymour

335 S.W.2d 862 · Court of Appeals of Texas · May 19, 1960

Had the company executed such deed its action in so doing would clearly show an intention to relieve the property of the restrictions. … Under the foregoing authorities the deed from Strauss to Presley conveyed the property unrestricted, since Strauss merely qualified his warranty clause.

Associates Investment Co. v. Lenz

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.

Wichita Falls S. R. Co. v. Holbrook

50 S.W.2d 428 · Court of Appeals of Texas · Mar 5, 1932

However, we find that the general terms referred to are qualified by articles 6436 and 6437. … The burden of establishing the facts that would make available the defense of assumed risk under the Federal Employers' Liability Act ( 45 USCA §§ 51 - 59 ) was on appellant. See T. N. O. Ry. Co. v.

Desilets, Paul Ray

Court of Appeals of Texas · Sep 1, 2015

He also contends the person who withdrew the blood was not qualified to do so, and was not a qualified technician under the law. Texas Trans. … Applicant states in according to clearly established law allowing a Judge who recused themselves to return and read a second sentence into Court and sign as presiding Judge of said case, where the Judge had no knowledge of

American Exchange Nat. Bank of Dallas v. Keeley

39 S.W.2d 929 · Court of Appeals of Texas · Jan 31, 1931

Appellee signally failed to establish that any one of the conditions upon which S. T. … From its syllabi we quote: "(1) It is free from all doubt that an acknowledgment which, by its immediate effect, will take a debt out of the bar of the statute of limitation must be clear and unequivocal, and neither qualified