Case law

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.

Grotti v. State

209 S.W.3d 747 · Court of Appeals of Texas · Nov 17, 2006

Eli intubated McGhee at 19:57 by inserting an ET tube to establish an airway to facilitate McGhee’s breathing process. … We are also required to state clearly why the jury’s finding is factually insufficient. Id. at 287 .

City of La Porte v. State ex rel. Rose

376 S.W.2d 894 · Court of Appeals of Texas · Mar 18, 1964

That the undisputed and judicially known facts in the record established, as a matter of law, that La Porte did not have the population claimed at the time. … not binding on the court, a construction placed on an ambiguous provision by City or State officers in carrying out the provisions of a *907 charter is entitled to persuasive force, and will ordinarily be upheld unless clearly

Hardin v. Obstetrical & Gynecological Associates P.A.

527 S.W.3d 424 · Court of Appeals of Texas · Jun 6, 2017

In doing so, the Pressil court qualified our statement in Zapata v. Rosenfeld, 811 S.W.2d 182, 184 (Tex. App. … XIV ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of

First Bank v. DTSG, LTD. and Richard Brumitt

472 S.W.3d 1 · Court of Appeals of Texas · May 28, 2015

(b) Burden of Establishing Exception. The burden of establishing good cause or the lack of unfair surprise or unfair prejudice is on the party seeking to introduce the evidence or call the witness. … (b) Burden of Establishing Exception. The burden of establishing good cause or the lack of unfair surprise or unfair prejudice is on the party seeking to introduce the evidence or call the witness.

Tout, James Emil

Court of Appeals of Texas · Oct 12, 2015

out in Murphy, and Hoffman, supra, the policy of the Parole Division and the Parole Board, requiring all parolees on the “sex offender caseload” to submit to polygraph examinations, without any offer or agreement of immunity … 04-06.02 Dated June 16, 2004 BOARD POLICY SUBJECT: SPECIAL CONDITION "ISF" (INTERMEDIATE SANCTION FACILITY) PURPOSE: To establish

Jesse Clyde Roderick v. State

494 S.W.3d 868 · Court of Appeals of Texas · Apr 19, 2016

prior acts clearly occurred and that the acts so closely resembled those of the present case that they could explain the victim’s knowledge about the sexual matters in question. … The State argues the proffered testimony is inadmissible hearsay and does not qualify as an exception to hearsay under article 38.072 of the Texas Code of Criminal Procedure. We agree.

DeLaCruz, Roberto Gonzalez AKA De La Cruz, Roberto Gonzalez

Court of Appeals of Texas · Jul 2, 2015

The State argued to the jury that the medical examiner was incompetent to interpret the scene and that the police were qualified to interpret evidence. … Clearly existing precedent requires that rehearing be granted and a new trial ordered. Justice demands no less. Napue v. Illinois, 360 U.S. 264, 269 (1959); Mooney 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

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Sep 8, 2015

As Perry sees it, his indictment, on its face, establishes that he “is being prosecuted for a veto and an alleged veto threat,” infringing not only his personal free-speech rights and immunities he possesses under the Speech … Heinrich, 284 S.W.3d 366, 372 (Tex. 2009) (distinguishing between “government officer’s exercise of discretion” and conduct actionable under “ultra-vires exception” to sovereign immunity); Tobias v.

Royal Crest, Inc. v. City of San Antonio

520 S.W.2d 858 · Court of Appeals of Texas · Feb 19, 1975

Article 970a establishes what is known as the ETJ. … (b) Ordinance 42018 establishes rules applicable to the installation of water supply and distribution systems within the city and the ETJ.

Deutsch v. City of San Angelo

73 S.W.2d 125 · Court of Appeals of Texas · May 23, 1934

He also alleged that, when he made said loan, the tax rolls according to the entries made thereon by the duly selected and qualified assessor and collector of taxes for said city showed that taxes for said years aggregating … And the court necessarily affirmatively held that estoppel would apply against the state under the facts pleaded where the injured party established facts otherwise sustaining estoppel.

Fenley v. Ogletree

277 S.W.2d 135 · Court of Appeals of Texas · Mar 10, 1955

As establishing passage of title from Thomas H. Webb to James H. … Stephens, supra;' and, under the rule we have stated, they, together with the facts of the case generally, clearly establish liability on the part of defendants Fenley and Faulkner for trespass.

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Sep 10, 2015

As Perry sees it, his indictment, on its face, establishes that he “is being prosecuted for a veto and an alleged veto threat,” infringing not only his personal free-speech rights and immunities he possesses under the Speech … Heinrich, 284 S.W.3d 366, 372 (Tex. 2009) (distinguishing between “government officer’s exercise of discretion” and conduct actionable under “ultra-vires exception” to sovereign immunity); Tobias v.

Price v. State

526 S.W.3d 738 · Court of Appeals of Texas · Jul 11, 2017

L.W. clearly did not suffer from a physical illness. … The fact that L.W. denied having seen the news could not qualify as a “mental condition” or “emotional state” unless it would inhibit him from fully and fairly performing the functions of a juror.

In re Butt

495 S.W.3d 455 · Court of Appeals of Texas · May 9, 2016

A trial court abuses its discretion if it reaches a decision so arbitrary and unreasonable that -it amounts to a clear and prejudicial error of *460 law or if it clearly fails to correctly analyze or apply the law. … They thus argue that the Garcias’ claims should- be dismissed as baseless.- In contrast, the Garcias argue that the relators want this Court to rule “that the Texas common law provides immunity, from liability to. any employee

City of Dallas v. Taystee Baking Co.

163 S.W.2d 687 · Court of Appeals of Texas · Jun 8, 1942

The Legislature is presumed to have given careful consideration to the constitutionality of a statute before its enactment, and this presumption prevails until clearly overcome by evidence. … to testify, who gave it as their opinion that the law was reasonable, not arbitrary or oppressive, convinces us that the appellee failed to discharge the burden of proof imposed upon it by law to establish that the statute

Governing Board v. Pannill

659 S.W.2d 670 · Court of Appeals of Texas · Jun 16, 1983

view of the vastly different posture of the trial on the merits in Marion County with different pleadings and parties, we hold that an appeal from the granting of a motion for summary judgment does not, under our record, establish … Professor Margaret Amsler, who was proffered and qualified as an expert on non-profit corporation law and who is credited with writing the Non-Profit Corporation Act, testified that article 1396-5.09 was not applicable to

Persons v. City of Fort Worth

790 S.W.2d 865 · Court of Appeals of Texas · May 31, 1990

This park was established in 1909, and consists of 233 acres of public land owned by the City and located near downtown Fort Worth. … This can be clearly seen by the purpose expressed “to minimize harm to the land, as a park ...”

Taysum v. El Paso Nat. Bank

256 S.W.2d 172 · Court of Appeals of Texas · Nov 5, 1952

This provision is binding on the court, binding on Lenz and Best had they qualified or otherwise provided for the application of the residuary fund to the end authorized. … In Bogert Trust & Trustees, Vol. 2, p. 1221, it is stated: "The powers of charitable trustees are usually not held to be personal unless clearly made so by the settlor.