Case law

Smith v. Moore

425 S.W.2d 856 · Court of Appeals of Texas · Feb 29, 1968

The Trustees severally shall hold their positions as such until their respective successors shall be properly designated and qualified. … On the contrary, each clause or paragraph must be construed with reference to every other paragraph, so that the effect of one paragraph on the other paragraphs may be clearly determined.

Texas and New Orleans Railroad Company v. Pettit

290 S.W.2d 730 · Court of Appeals of Texas · May 4, 1956

Sub-point 2-D The evidence conclusively establishes that Pettit failed to keep a proper lookout at the time and place in question. … Young, an electrical contractor, qualified- as an expert witness.

Chandler v. Butler

284 S.W.2d 388 · Court of Appeals of Texas · Nov 10, 1955

Lowry, President of International Fidelity Insurance Company, after duly qualifying with respect to testifying as to the value of the stock in question, testified that on April 13, 1954, (the date of the transaction in question … And the record clearly shows that Butler has not offered to disgorge the fruits of the fraud which if not personally committed by him was committed by his agent for the direct pecuniary benefit of Butler.

Charter Medical Corp. v. Miller

605 S.W.2d 943 · Court of Appeals of Texas · Jul 24, 1980

Surgical procedures could only be performed after consultation with and under the direct supervision of a qualified medical staff member. … Defendants contend the trial court erred in submitting these issues because plaintiffs failed to establish a federal right subject to redress.

Morrow v. State

486 S.W.3d 139 · Court of Appeals of Texas · Feb 19, 2016

Here, Morrow has not pointed to any evidence in the record that establishes that he was insane at that time. … Although Morrow did not brief the alleged hearsay nature of the referenced statement, and likewise did not brief the issue of whether it qualifies as an exception to the hearsay rule, we nevertheless address this point of

Polk, Artis Leon Jr.

Court of Appeals of Texas · Oct 8, 2015

This is clearly 'sudden passion' and this is why the legislatures enacted this law and provided rules and regulations to govern it. … He contends that threats are not hearsay, that the statements reflected on Knighten's then-existing state of mind, and that one statement qualified as an excited utterance. See Tex. R. Evid. 803(2)-(3).

Wilder v. Campbell

430 S.W.3d 474 · Court of Appeals of Texas · Apr 3, 2014

Legal aid and pro bono programs are able to help only an estimated twenty percent of the six million Texans who qualify for legal aid and pro bono services in civil matters. 2 In particular, the vast majority *481 of pro … The majority focuses on the term “processes thereunder” in the above quote, reasoning that, to grant the relief requested by Appellees, the trial court “would clearly have to ‘regulate the processes’ ” of taxing and collecting

Johnson, Joe Dale

Court of Appeals of Texas · Jun 19, 2015

Appellant fails to establish a logical nexus between the juvenile offense and the fabrication defense. … Cir. 1990) (explaining that proper voir dire questions calculated to obtain a qualified and impartial jury do not open the door for admitting otherwise inadmissible items at trial).

Galveston, H. & S. A. Ry. Co. v. Harling

208 S.W. 207 · Court of Appeals of Texas · Dec 18, 1918

I established different stands in the city for selling these pecans. Had several very good places. I shipped pecans by wholesale to the East — Cincinnati and other places. … This testimony was clearly admissible, and the court did not err in so holding.

Rodriguez, Raul

Court of Appeals of Texas · Feb 6, 2015

Penal Code Section 9.31(b)(5)(A) qualifies this defense. … And he clearly wants, why he thinks himself entitled to it, and to do so said, based on my recollection, that what he meant was, clearly enough for the judge to understand him at a time he saw the firearm when

Spring Independent School District v. Dillon

683 S.W.2d 832 · Court of Appeals of Texas · Dec 19, 1984

These other matters include: a prohibition against coercion of professional employees by other such employees (§ 61.143); a re *840 quirement that teachers be placed in positions for which they are qualified (§ 97.-98(1)) … persons entitled to seek relief from the Commissioner under § 11.13(a) include, in addition to “any person aggrieved by the school laws,” those persons “having any matter of dispute under the school laws,” suggesting quite clearly

Hicks, George Washington

Court of Appeals of Texas · Aug 17, 2015

Clearly this shows actual and ongoing prejudice to the Defendant. … The defendant’s mother was uniquely qualified to testify about the physical and sexual abuse suffered by the defendant in childhood.

Gendron, Jeffrey

Court of Appeals of Texas · Mar 18, 2015

App. 2014) (“The use of the word ‘and’ between the part of the statute that authorizes the killing of a dog and the part that immunizes the actor from civil liability indicates that the legislature intended to provide a defense … Officer Melendez’s testimony about the danger to other vehicles was clearly conflicting.

Victor Kareh M.D. v. Tracy Windrum, Individually, as Representative of the Estate of Lancer Windrum, and on Behalf of Her Minor Children, B. W., J. W. and H. W.

518 S.W.3d 496 · Court of Appeals of Texas · Mar 16, 2017

the appellant challenges a *509 jury finding on an issue on which it did not have the burden of proof at trial, we set aside the verdict only if the evidence supporting the jury finding is so weak as to make the verdict clearly … Texas Rule of Evidence 702 provides that “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert

Southland Life Ins. Co. v. Hopkins

219 S.W. 254 · Court of Appeals of Texas · Feb 11, 1920

If the note had been paid October 28th, appellee would not have enjoyed the immunity from interest during the grace period guaranteed to him under the contract, and to hold him bound to pay promptly on October 28th would … Such installments are clearly not intended as the consideration for the respective years in which they are paid; for, after they are all paid, the policy stands good for the balance of the life insured, without any further

Holman, Vivian Monroe

Court of Appeals of Texas · Nov 17, 2015

before the State could invoke Rule 107.17 This holding is in direct conflict with a sister court of appeals that found that “merely referring to a statement or a quotation from it does not invoke the rule.”18 This alone qualifies … ignored this Court’s dictates in interpreting Rule 107, putting it in direct conflict with this Court’s established law.

Grizzle, Ronald Gene

Court of Appeals of Texas · Apr 17, 2015

Clearly, someone here miscolored the facts in at least this one detail.] … to establish guilt."

Lone Star Brewing Company v. Willie

52 Tex. Civ. App. 550 · Court of Appeals of Texas · Dec 9, 1908

To give it such effect, would be to presume a fact which the evidence clearly shows did not exist. … Proof is the effect of evidence, rather than the medium by which a fact is established.

Pacific American Gasoline Co. of Texas v. Miller

76 S.W.2d 833 · Court of Appeals of Texas · Oct 15, 1934

The peculiar facts of this case clearly distinguish it from all the eases cited by appellants. … Performance of a contractual undertaking is clearly ‘the essential thing intended’.

Rendon, Michael Eric

Court of Appeals of Texas · Dec 16, 2015

“While the boundaries of the curtilage are generally ‘clearly marked,’ the ‘conception defining the curtilage’ is at any rate familiar enough that it is ‘easily understood from our daily experience.’” … After Jardines, of course, this observation must be qualified: A drug dog sniff outside the home is not a search so long as the dog is not invading the home’s curtilage at the time.