Case law

Whipple v. Deltscheff

731 S.W.2d 700 · Court of Appeals of Texas · May 21, 1987

Whipple’s failure to adjust her speed and change lanes immediately after the warning sign is a further indication that Whipple did not see the clearly visible sign. … The point of error requires that this court determine whether enactment of the Texas Tort Claims Act waived the sovereign immunity of counties in the same manner that the Act effected a limited waiver of the immunity of other

Hearst Corp. v. Skeen

130 S.W.3d 910 · Court of Appeals of Texas · Mar 18, 2004

Appellants contend that the article clearly indicates that this case occurred before Skeen’s tenure. … Common-Law There are two classes of privileges applicable to defamation cases, “absolute” privileges and “conditional or qualified” privileges. 45 Absolute privileges are thought of as immunities because they are based on

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.

City of Argyle v. Pierce

258 S.W.3d 674 · Court of Appeals of Texas · Jul 17, 2008

The purpose of a dilatory plea is not to force the plaintiffs to preview their case on the merits but to establish a reason why the merits of the plaintiffs’ claims should never be reached. Id. … Waiver of Immunity for Inverse Condemnation Claims Governmental immunity affords a city protection from suit when the city engages in the exercise of governmental functions unless that immunity is clearly waived.

Texas Department of Insurance, Division of Workers' Compensation v. Lumbermens Mutual Casualty Co.

212 S.W.3d 870 · Court of Appeals of Texas · Dec 21, 2006

The Division appeals from the declaratory judgment, arguing that the trial court lacked subject matter jurisdiction under both the APA and the UDJA and that the Division is immune from suit because of sovereign immunity. … However, the advisories clearly refer to the injury model, even quoting its definitions of structural inclusions.

City of Fort Worth v. State Ex Rel. Ridglea Village

186 S.W.2d 323 · Court of Appeals of Texas · Feb 2, 1945

There is nothing in Article 1182a to indicate an intent on the part of the Legislature to establish a new general policy in this respect. … If the Legislature had intended such a result, we believe that Article 1182a would have contained language more clearly evidencing such a purpose.

Boyd v. Texas Department of Human Services

715 S.W.2d 711 · Court of Appeals of Texas · Jul 2, 1986

The remedy does not lie in our blinking at what is clearly the law we are given to enforce. … The Department characterizes the qualifying rule as follows: Where imprisonment of a parent displays [sic] a voluntary, deliberate and conscious course of conduct, it qualifies as conduct which endangers the emotional well-being

Capshaw v. Texas Department of Transportation

988 S.W.2d 943 · Court of Appeals of Texas · Mar 25, 1999

The City argues that the affidavit of Adalberto Enriquez conclusively establishes that the maintenance work on the traffic signal was performed on June 7, 1994. … Clearly, a genuine issue of material fact existed as to the proximate cause of the accident.

Maverick County Hospital District v. Martin

376 S.W.3d 163 · Court of Appeals of Texas · May 23, 2012

. § 101.106(a). 1 The Martins opposed the motion to dismiss, asserting the movants had failed to establish that the fraud claim against Dr. … Fowler and Maverick County Hospital District had to establish that Dr. Fowler was acting within the course and scope of his employment.

State Ex Rel. Wilke v. Stein

18 S.W.2d 204 · Court of Appeals of Texas · Apr 24, 1929

and at the time of said pretended election there were residing about said number of persons within the established boundaries of said town, and about to-wit: 1,250 qualified electors, qualified to vote in an election for … The map clearly indicates that the heavily inhabited portion of the settlement, as well as all the municipal agencies, are included within the limits which were incorporated.

Read v. Verboski

524 S.W.3d 901 · Court of Appeals of Texas · Jul 6, 2017

Verboski’s statement to the police is entitled to a qualified privilege. See Thomas v. Bracey, 940 S.W.2d 340, 343 (Tex. App. … But Read did not allege a claim for false imprisonment; Verboski neither arrested nor detained Read nor clearly directed or requested the arrest, and Read did not allege that he had. See Dangerfield v.

McClelland v. Briscoe

359 S.W.2d 635 · Court of Appeals of Texas · Jul 13, 1962

Appellant is the duly elected and qualified Judge of the Probate Court of Harris County. Appellee Briscoe was and is the Criminal District Attorney of Harris County. Appellee W. C. … It is the purpose of the law that the only testimony produced would be that tending to establish that an offense has been, or is about to be, committed.

General Motors Corporation v. Burry

203 S.W.3d 514 · Court of Appeals of Texas · Jun 29, 2006

‘What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify the expert to give an opinion … A verdict will be set aside on appeal only where the record clearly indicates that the award was based on passion, prejudice, or improper motive, or is so excessive as to shock the conscience.

Sanders State Bank v. Hawkins

142 S.W. 84 · Court of Appeals of Texas · Dec 7, 1911

had been incorporated under the banking-laws of this state as a state bank, had received a permit to engage in the business, and was so engaged upon that date. (2) That the defendant Hawkins was at that time the legally qualified … Clearly, if he had the right to determine the propriety of closing the doors, he also had the power to carry his judgment into effect.

Marsden v. Troy, Co.

189 S.W. 960 · Court of Appeals of Texas · Nov 1, 1916

Pleading names of individuals excluded from voting in an election contest would not identify voters any more clearly than by alleging a class. … The Legislature clearly so construed the constitutional provision to mean a majority of the qualified votes cast, and not a majority of the voters who may reside in the territory to be affected by the election.

Texas Prison Board v. Cabeen

159 S.W.2d 523 · Court of Appeals of Texas · Feb 18, 1942

Articles 6166a to 6203g, Vernon’s Ann.Civ.St., establish and create the Texas Prison System and the Texas Prison Board, making them governmental agencies. … The article in issues does not purport to waive the State’s immunity from liability.

Springer v. Johnson

280 S.W.3d 322 · Court of Appeals of Texas · Jun 4, 2008

Medical Group’s interpretation ignores the Act’s clear legislative history on this point as well as sidesteps well-established rules of statutory construction. … Clearly, the statute’s plain language indicates that § 74.403(a) applies in any suit involving a health care liability claim other *331 than those specifically excluded by the prefatory proviso.

Floyd v. State

959 S.W.2d 706 · Court of Appeals of Texas · Jan 8, 1998

We may only set aside the verdict if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. See id. … The appellant’s son, Bear, was granted immunity. He testified that he lived with *709 appellant on Canyon Trail in Lake Worth on August 1, 1994. He remembered the night that A.F. visited.

Wood Motor Co. v. Nebel

232 S.W.2d 772 · Court of Appeals of Texas · Jul 27, 1950

If any failure without rhyme or reason to perform would excuse, appellant could have so clearly stated in Sec. 4. It did not. … Secs. 8 and 9 of the main agreement to be discussed under the next point further refute this claim that appellant could with immunity refuse to deliver new cars without any reason.

Scott's Marina at Lake Grapevine Ltd. v. Brown

365 S.W.3d 146 · Court of Appeals of Texas · Jan 28, 2012

The jury clearly resolved this conflict by determining that the substance that backflowed into the Store was sewage containing human feces. … This fusobacterium is prevented from causing infections by the body’s natural immune system.