Case law

FLCT, Ltd. v. City of Frisco

493 S.W.3d 238 · Court of Appeals of Texas · May 26, 2016

that derives 75 percent or more of the establishment’s gross revenue from the on-premise sale of alcoholic beverages; or (3) an establishment that: (A) derives 50 percent or more of the establishment’s gross revenue from … issued a permit under Chapter 32 or 33 if: (1) the establishment derives 35 percent or more of the establishment’s gross revenue from the on-premises sale or service of alcoholic beverages and the premises of the establishment

University of North Texas v. Harvey

124 S.W.3d 216 · Court of Appeals of Texas · Jan 29, 2004

Mere reference to the Act in a plaintiff's pleading does not establish the State's consent to be sued under the limited immunity waiver. Id. A plaintiff must plead facts sufficient to invoke a waiver of the Act. … Because Catherine makes no such claim in this case, UNT's immunity is clearly not waived by section 101.021(2). [6] Catherine's Allegation That the Lack of a Scoop Caused Her Injuries Is a Claim Based on Nonuse of Property

Hale v. Colorado River Municipal Water District

818 S.W.2d 537 · Court of Appeals of Texas · Oct 30, 1991

THE DIRECTORS’ AUTHORITY The District’s directors are public officials; as such, they enjoy a qualified immunity from suits based on actions within the scope of their authority. See, e.g., Murphy v. … Accordingly, they enjoy qualified immunity from suits based on the releases. We overrule point of error one.

Jerry A. Powell, MD v. Eric Knipp and Laura Knipp

479 S.W.3d 394 · Court of Appeals of Texas · Aug 11, 2015

A defendant moving for summary judgment on the affirmative defense of governmental employee sovereign immunity under section 101.106 must conclusively establish every element of that affirmative defense. See Welch v. … These provisions clearly establish the faculty physicians such as Powell are independent of Children’s in their diagnosis and treatment of patients.

University Christian Church v. City of Austin

724 S.W.2d 94 · Court of Appeals of Texas · Dec 10, 1986

Testimony established that because the church is located next to a university, there is tremendous competition for any available parking spaces. … There was also evidence clearly establishing that these lots were reasonably necessary for engaging in religious worship.

McKinney v. San Antonio Independent School District

897 S.W.2d 879 · Court of Appeals of Texas · Mar 31, 1995

Eleventh Amendment and Res Judicata Res judicata is a sensible and well established doctrine to prevent a litigant from trying the same issues over and over in subsequent lawsuits. … This Court’s decisions thus establish that “an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.” Employees [v.

Texas Department of Transportation v. Ramming

861 S.W.2d 460 · Court of Appeals of Texas · Aug 26, 1993

Section 101.060 clearly contemplates conditions and malfunctions that are not actively and contemporaneously being created by a State employee. … It is well established that prejudgment interest “as damages” may not cause the statutory cap to be exceeded. Weller v.

State Ex Rel. Dowlen v. Rigsby

17 Tex. Civ. App. 171 · Court of Appeals of Texas · Nov 11, 1897

At that election the relator was elected and subsequently qualified as justice of the peace of precinct Ho. 1. … his successor shall be elected and qualified.

Troy E. Nehls, Sheriff, and Fort Bend County, Texas v. Hartman Newspapers, LP D/B/A Fort Bend Herald and Texas Coaster

522 S.W.3d 23 · Court of Appeals of Texas · Apr 27, 2017

To invoke this exception, a party must establish both (1) that the challenged act is of such short duration that the issue becomes moot before review may be obtained, and (2) that a reasonable expectation exists that the … The Texas Supreme Court has held that to qualify as a “prevailing party,” a plaintiff must obtain (1) judicially sanctioned relief on the merits of its claim that (2) materially alters the legal relationship between the

Rosemary Tooker v. Alief Independent School District

522 S.W.3d 545 · Court of Appeals of Texas · Jan 4, 2017

Sovereign immunity deprives a trial court of jurisdiction over lawsuits in which a party sues a school district unless the school district’s sovereign immunity has been waived. See Mission Consol. Indep. Sch. Dist v. … The Human Rights Act clearly and unambiguously waives immunity for suits brought against school districts under this statute. See Tex. Lab.

Schrock v. Hylton

133 S.W.2d 175 · Court of Appeals of Texas · Oct 14, 1939

“The decisions cited on the question of whether the provisions of the law, relative to election officers having a properly certified list of the qualified voters or of the polls, are mandatory or directory, are clearly in … The applicable statutes, we think, are found in the chapter providing for the establishment and government of “Fresh Water Supply Districts”. (Article 7881 et seq.)

TARRANT CTY. WATER CONTROL AND IMPROVEMENT DIST. NO. 1 v. Crossland

781 S.W.2d 427 · Court of Appeals of Texas · Nov 22, 1989

This is sufficient to establish, as a matter of law, appellants are entitled to governmental immunity under § 101.061. Appellees did not introduce evidence of any act or omission which occurred after 1970. … The cross-point has no merit beyond persistence in challenging the long-established law of governmental immunity. Cf. Luke, 18:2-5. Judgment is reversed and rendered that appellees take nothing.

Tarrant County Hospital District v. Henry

52 S.W.3d 434 · Court of Appeals of Texas · Jul 26, 2001

of mandamus is appropriate, we recognize that mandamus will issue only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy at law. 87 A trial *453 court clearly … Pac., 453 S.W.2d at 813-14 (construing statutory provision that "[a]ll navigation districts established under this Act may, by and through the navigation and canal commissioners, sue and be sued”); see also Fed.

Bounds v. Caudle

549 S.W.2d 438 · Court of Appeals of Texas · Mar 31, 1977

Bounds under the well established doctrine of interspousal immunity. Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886). … See Comment: Intra Family Immunity — The Doctrine and Its Present Status, 20 Baylor L.Rev. 27 (1968), for criticism of the doctrine of interspousal immunity.

Davila v. Flores

6 S.W.3d 788 · Court of Appeals of Texas · Dec 2, 1999

Once an affirmative defense has been established, the non-movant must produce summary judgment proof raising a fact issue in contravention of the affirmative defense. … The conduct of the present investigation by Davila and Steen, including their dissemination of information concerning that investigation to other employees of the Commission, was clearly conducted as a part of the duties

Perdue, Brackett, Flores, Utt & Burns v. Linebarger, Goggan, Blair, Sampson & Meeks, L.L.P.

291 S.W.3d 448 · Court of Appeals of Texas · Jun 25, 2009

This doctrine has been firmly established in Texas for well over one hundred years. 5-State Helicopters, 146 S.W.3d at 256-57 ; see Runge v. Franklin, 72 Tex. 585 , 10 S.W. 721, 723 (1889). … Initial communications “to a public officer ... who is authorized or privileged to take action” are subject to only a qualified privilege, not absolute immunity. Id.; Clark, 248 S.W.3d at 432 .

Poe v. San Antonio Express-News Corp.

590 S.W.2d 537 · Court of Appeals of Texas · Nov 21, 1979

Constitution pertaining to members of Congress afforded absolute immunity for the press release covering the speech; (2) Hutchinson was a public official and public figure with respect to the First Amendment rule requiring … The Court held that Hutchinson did not qualify as a “public figure” with respect to the First Amendment rule regarding a defamation action by a “public figure,” notwithstanding that local newspapers had reported his successful

City of El Paso v. Public Utility Commission

584 S.W.2d 545 · Court of Appeals of Texas · Jul 11, 1979

In review of an administrative proceeding, as pointed out by the Supreme Court in 1977, “ . . .it has not taken much evidence under our decisions to qualify as substantial. … The final portion of Section 17, Article I, of the Constitution provides: “ . . .no irrevocable or uncontrollable grant of special privileges or immunities, shall be made; but all privileges and franchises granted by the

Day v. Crutchfield

400 S.W.2d 377 · Court of Appeals of Texas · Dec 7, 1965

The detailed records of the election officials as pointed out next above clearly reflected that 266 votes were cast. … Each clerk and deputy clerk shall be a qualified voter in the subdivision. Persons in the employment of the board shall be eligible for appointment, if otherwise qualified.

Cone v. City of Lubbock

431 S.W.2d 639 · Court of Appeals of Texas · Jun 24, 1968

of municipal immunity. … Therefore, it was litigating a proprietary activity from which, in our opinion, it did not enjoy immunity.