Case law

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

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.

Gonzales v. Texas Employers' Insurance Ass'n

419 S.W.2d 203 · Court of Appeals of Texas · Jun 28, 1967

Ross were by him considered qualified doctors and specialists in medicine as "bone men." … After reviewing all of the evidence, we decided that the jury's finding was so against the weight and preponderance of the evidence as to be clearly wrong and we sustained the assignment.

Shamoun & Norman, LLP v. Hill

483 S.W.3d 767 · Court of Appeals of Texas · Jan 26, 2016

Clearly, the jury determined S & N had been unjustly penalized by Hill’s refusal to pay when it awarded $7,250,000 for S & N’s reasonable services. … Co., 355 S.W.3d at 383 (appellant must clearly designate alleged error and specifically explain basis of complaint in objection to charge to preserve charge error).

Muhammad, Naim

Court of Appeals of Texas · Feb 3, 2015

Morrison was qualified to sit on appellant’s jury. … jurors are qualified.

Orca Assets, G.P., L.L.C. v. Burlington Resources Oil and Gas Company, L.P., Petrohawk Properties, L.P., and Geosouthern Dewitt Properties, L.L.C

464 S.W.3d 403 · Court of Appeals of Texas · Jan 19, 2015

To qualify as a bona fide purchaser, “one must acquire property in good faith, for value, and without notice of any third-party claim or interest.” Id.; see Swanson v. … This evidence was sufficient to show appellees’ entitlement to judgment as a matter of law because it established that appellees had “earlier title emanating from [a] common source.”

Rayner v. Posey

173 S.W. 246 · Court of Appeals of Texas · Dec 12, 1914

deducible on the original hearing), the fact of the record of the instrument and the possession of the deed by the grantees, in connection with the presumption that a deed is delivered on the date of its execution, would clearly … in denying all knowledge of a fraudulent intent; and while the jury has no right to arbitrarily disregard the positive testimony of unimpeached and uncontradicted witnesses, * * * the very courts that lay down this rule qualify

Elder v. State

132 S.W.3d 20 · Court of Appeals of Texas · Feb 12, 2004

Based on this record, we hold that the first indecency by contact count was a lesser included offense of the second aggravated sexual assault count; the State clearly used the same acts by appellant to prove both offenses … Applying the appropriate standards of review, 7 we hold that this evidence is legal *26 ly and factually sufficient to establish that appellant caused the penetration of KH.’s mouth by his sexual organ.

State v. Larkin

41 Tex. Civ. App. 253 · Court of Appeals of Texas · Dec 23, 1905

That after each of the Acts of incorporation above recited elections were duly and legally held, and officers elected and qualified, and a regular government begun and operated under said Acts of incorporation, but that the … amendment, insofar as it provides that, where such town or city is incorporated under Special Act, and its offices have been vacant for ten years or more, that no election of officers in such town or city shall be held, is clearly

In re Estate of Lee

551 S.W.3d 802 · Court of Appeals of Texas · May 25, 2018

He claims this reasoning is incorrect because it disregards established contract law and the peculiar interest test. … But again, such intention must be 'as clearly manifested as if express terms had been employed.' " Id. (citations omitted). We concluded that the will did not meet these requirements.

Love v. State

730 S.W.2d 385 · Court of Appeals of Texas · Apr 29, 1987

The certificate clearly identifies the appellant as the person to whom the accompanying records of convictions relate. … First, the lesser included offense must be included within the proof necessary to establish the offense charged.

Bain v. James Cain Co.

715 S.W.2d 421 · Court of Appeals of Texas · Aug 5, 1986

The corporation was not licensed by the state as a Real Estate Broker and was not qualified to become a Real Estate Salesman under Article 6573a as it then existed. … The original was written as a per curiam, not to be published opinion involving clearly settled issues. The factual record was in the hands of the parties and before the courts. .

Gulf Oil Corp. v. Railroad Commission

660 S.W.2d 112 · Court of Appeals of Texas · Sep 7, 1983

Gulf contends that this part of 16 TAC § 1.72 qualifies or conditions the more general authority given in APTRA § 15 and 16 TAC § 1.111, permitting the proposal for decision to be composed either by one who conducted the … In the Examiner’s opinion, Gulf’s posture clearly is distinguishable from that of other Companies involved in prior dockets, and different treatment herein is justified. FINDINGS OF FACT ‡ ⅜ ⅜ :fc ⅜ ⅜: 3.

Bassett v. Sherrod

13 Tex. Civ. App. 327 · Court of Appeals of Texas · Apr 15, 1896

White was duly appointed and qualified as administrator of his estate. By order of sale the administrator, July 17, 1890, conveyed by deed to J. C. Vandevener 640 acres, the C. H. Bassett survey, the land in question. … from Knight down, executed their several deeds, they intended to convey the quantity of land stated in such deeds, and when we look to the title of Lawrence then existing which was known to Knight and his vendees it is clearly

Consolidated Furniture Company v. Kelly

369 S.W.2d 53 · Court of Appeals of Texas · Jun 6, 1963

The jury found in favor of appellee (plaintiff in the trial court) on certain issues establishing the “discovered peril” theory of recovery. … The evidence clearly warranted the jury in finding that Solomon realized that Kelly would fail to see the van and probably would proceed down the road until he collided with the van.

Casarez v. State

857 S.W.2d 779 · Court of Appeals of Texas · Jun 30, 1993

Justice O’Connor explains that “Batson does not touch, indeed, it clearly reaffirms the ordinary rule that a prosecutor may exercise his peremptory strikes for any reason at all. … The evidence established that after the complainant escaped from appellant and his accomplice, the two men drove around the neighborhood looking for her.

Gonzalez, Cipriano

Court of Appeals of Texas · Jul 22, 2015

Clearly, it was within a court's power to review a sentence imposed by judge or jury and to determine whether such sentence passed constitutional muster. … at 2701), that lawmakers may run amok enacting reactionary legislation, and that judges or juries may impose sentences with absolute immunity from judicial review, was difficult to comprehend when

Camacho, Christopher

Court of Appeals of Texas · Jan 29, 2015

From the dialogue mentioned above from the motion to suppress hearing, the Appellant clearly had shown through Akin’s testimony that the Cadillac would have been favorable and material to his analysis. … Appellant has not established a due course of law violation; thus, he has not established entitlement to an adverse-inference jury instruction. Moreover, Pena does not control. See Vasquez, 230 S.W.3d at 748-51.

In Re PDM

117 S.W.3d 453 · Court of Appeals of Texas · Aug 29, 2003

The majority answers these questions without resort to established rules of statutory construction. … the majority holds, a prior conservatorship order is "subject to modification" even when it is not valid and no party is "affected by" it, then an order that has been set aside or vacated by subsequent court order would qualify

Montgomery Ward & Co. v. Levy

136 S.W.2d 663 · Court of Appeals of Texas · Jan 19, 1940

Whether or not the controversy was subject to expert testimony, and whether Akey qualified as an expert, will determine all these questions. … The original charge was by order of the court sent up on appeal as an exhibit; it clearly shows that something had been erased at the place where the final negative answer appears. No other juror controverted what Mr.