Case law

Lizcano, Juan

Court of Appeals of Texas · Jan 20, 2015

After Hall, clinical standards for establishing intellectual disability should apply in Texas and Mr. … Lizcano “clearly satisfied” the first prong of the mental retardation definition by a preponderance of the evidence. Lizcano, at *12.

Healey v. Healey

529 S.W.3d 124 · Court of Appeals of Texas · Jul 12, 2017

To qualify as defamatory, a statement should be derogatory, degrading, somewhat shocking, and contain elements of disgrace. Better Bus. Bureau of Metro. Houston, Inc. v. … The jury’s findings are not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain, 709 S.W.2d at 176 .

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.

Walker v. Howard

10 Tex. Civ. App. 602 · Court of Appeals of Texas · May 1, 1895

certified to the County Court of Fannin County, and a transcript of said order was duly filed in said County Court within twenty days from the date of said order, and within the time required by law said Howard and Hume duly qualified … The duties of clerks of the District Courts are clearly defined by law, and he is not only made the custodian of the court, for all of its books, papers and records, but is required to enter into bond for their safe keeping

Jenkins, James Alan

Court of Appeals of Texas · Nov 2, 2015

Appellee was obviously trying to establish nominal residency for voting purposes. See Texas v. … Clearly, the failure to provide the instruction in this case worked to his advantage.

Rothschild v. State

7 Tex. Ct. App. 519 · Court of Appeals of Texas · Jul 1, 1880

The right is exceptional in its nature, and those who would avail themselves of it must bring themselves clearly within the regulations; and the application is to be construed most strongly against the defendant, upon the … This juror, William Sanders, on his voir dire appeared to be qualified, and was accepted by the State.

O'Fiel v. Janes

269 S.W. 1074 · Court of Appeals of Texas · Jan 30, 1925

"The burden of proof is upon the plaintiff and interveners to establish by a preponderance of the evidence every fact essential to establish their right to recover herein. … Shepherd to establish the deed. Mrs.

Eagle Oil & Gas Co. v. Shale Exploration, LLC

549 S.W.3d 256 · Court of Appeals of Texas · Apr 19, 2018

In deciding whether Shale's compilation of mineral interest owners qualified as a trade secret, the trial court instructed the jury to consider: (1) the extent to which the information was known outside the business; (2) … Shale, however, was neither named nor otherwise identified as a party covered by the obligations that the agreement established.

Hartwell, Ross Allen

Court of Appeals of Texas · Jul 30, 2015

Since the record does not clearly show error, the punishment should be upheld on appeal. The court of appeals agreed with the defendant, however, and held that the evidence of enhancement was legally insufficient. … Specifically, Hartwell contends that his prior conviction for the unauthorized use of a motor vehicle does not qualify for enhancement pursuant to section 12.42(d) of the Texas Penal Code. See TEX. PENAL CODE.

Williams, Alfred James

Court of Appeals of Texas · Jun 2, 2015

The Janney Court implicitly acknowledged this by using the word ''even" in qualifying its statement about the curative power of Court instructions following a limine violation. Janney, supra, at 773. … Clearly, harm existed in this case.

Jones v. Dallas Ry. Co.

224 S.W. 807 · Court of Appeals of Texas · Jun 26, 1920

The city of Dallas intervened with leave in the consolidated case, so that now we have a ease with four angles; the city and the street railway company, for reasons similar but distinct, seeking to establish the right both … Again, we are most clearly of the opinion that the franchise itself, as enacted after being indorsed by the popular vote, includes the privilege of constructing and operating this additional line.

Gulf States Utilities Co. v. Coalition of Cities for Affordable Utility Rates

883 S.W.2d 739 · Court of Appeals of Texas · Oct 12, 1994

I do not *759 find the dictum persuasive because it requires that one believe the court overruled by implication certain well-established rules of law. I. … Aside from this exception, the Commission's final orders are immune from collateral attack. See Alamo Express, Inc. v. Union City Transfer, 158 Tex. 234 , 309 S.W.2d 815, 827 (1958); Thompson v.

Abernathy v. Wright

5 S.W.2d 188 · Court of Appeals of Texas · Mar 17, 1928

Wright, the duly qualified and acting receiver for the United Home Builders of America, brought this suit against the appellants, M. G. Abernathy and wife, Mollie D. … As to the question of payments, the proof clearly established that the following payments were made and not taken into account by the trial court in directing the jury as to the amount of verdict- in favor of appellee.

Texas Land & Cattle Co. v. City of Fort Worth

73 S.W.2d 860 · Court of Appeals of Texas · May 4, 1934

Brooker owned all of the 2000 shares of stock in the Texas Land Cattle Company with the exception of 20 qualifying shares held by a niece and sister in his household. The organization was a one-man corporation. … The corporation was a mere fiction for the purpose of establishing the domicile of the defendant in Wilmington, Delaware.

Railroad Commission of Texas v. Brown Express, Inc.

399 S.W.2d 863 · Court of Appeals of Texas · Feb 9, 1966

Railroad Commission, 367 S.W.2d 322 , Tex.Sup.Ct.1963, wherein that Court affirmed a judgment of this Court, 359 S.W.2d 62 , clearly hold that public convenience and necessity is not a proper issue in a sale and transfer … In such capacity as well as in his capacity as Examiner for the Motor Transportation Division over a period of almost twenty five years he was eminently qualified to testify as to the long standing departmental construction

Matson v. Jarvis

63 Tex. Civ. App. 376 · Court of Appeals of Texas · Dec 17, 1910

Baker, the obligee, or bjr whom such erasure was made, the evidence does not clearly show. Clonch testified: “I signed an article that was a guarantee bond on the road, and this is the same article. … But his theory seems to have been that want of consent on his part to the erasure of Clonch’s name, before he acquired knowledge of such erasure, was conclusively established by the evidence which, perhaps, is correct, and

Williams, Alfred James

Court of Appeals of Texas · Jun 8, 2015

The Janney Court implicitly acknowledged this by using the word ''even" in qualifying its statement about the curative power of Court instructions following a limine violation. Janney, supra, at 773. … Clearly, harm existed in this case.

Texas Employers' Ins. Ass'n v. Downing

218 S.W. 112 · Court of Appeals of Texas · Nov 26, 1919

That plaintiff had no other means of support or resources with which to go into business of any kind or establish himself on said farm. … As the issue of proximate result was clearly submitted, we do not think it was necessary to submit the subordinate issue requested by appellant.

Caulk v. Miller

18 S.W.2d 195 · Court of Appeals of Texas · May 8, 1929

Stark and Ike White qualified as independent executors of his will, and under and by virtue of powers conferred upon them by the will of Giraud they, on the 12th day of March, 1923, conveyed to J. R. … formerly owned by Giraud, the other grantor, by mesne conveyance, by cross-action is asking the court to enter a decree declaring a forfeiture of the minerals by Bell to him as the successor in title to Marmion and Giraud, and establishing

TPS v. State

590 S.W.2d 946 · Court of Appeals of Texas · Nov 9, 1979

Nevertheless, section 53.04 clearly applies both to petitions seeking transfer and to petitions seeking delinquency adjudication. … McLaughlin, all qualified experts, who stated that there was a strong possibility of a serious psychiatric or emotional disorder requiring further observation and treatment.