Case law

American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.

155 S.W. 286 · Court of Appeals of Texas · Feb 26, 1913

The Legislature in the above act has not very clearly defined the rights of the public nor the duties of the corporation, but a careful study of the language of the act in the light of the well-established principles of law … Campbell had qualified as an expert on the value of truck and vegetables. The same can be said as to appellant's objection to the testimony of T. M. Lawrence and Theo. Lawrence, Jr.

Bolivar, Randall

Court of Appeals of Texas · Aug 17, 2015

Two prongs must be met in order to be qualified as moot. First, it can be said with assurance that "there is no~ reasonable expectation..." that the alleged violation will recur. U.S. v. w.T. … Clearly the Court*s action was premature. But even upon proper motion by a party, "the burden”of demonstrating mootness is a heavy ons." wEST V.

Blaugrund v. Gish

179 S.W.2d 257 · Court of Appeals of Texas · Apr 2, 1943

Madi, Tex.Com.App., 26 S.W.2d 199 , it is held that the provisions of the article in question are sufficiently specific and definite to establish a rule of civil conduct. … In our opinion the court’s charge submitted clearly and succinctly all the controlling issues in the case from the standpoint of each party. This is all that is required. Rule 279, R.C.P.

Texas Ear Nose & Throat Consultants, PLLC, Joseph Edmonds, Newton Duncan and James Albright v. John K. Jones M.D.

470 S.W.3d 67 · Court of Appeals of Texas · Jun 25, 2015

Conclusory opinions, even of a qualified expert, are not competent, relevant evidence capable of supporting a judgment even in the absence of an objection to such testimony. See Coastal Transp. Co. v. Crown Cent. … The focus of the section is therefore clearly on the actions of the entity.

Hinote v. Oil, Chemical & Atomic Workers International Union, Local 4-23

777 S.W.2d 134 · Court of Appeals of Texas · Jul 20, 1989

Therefore, the Union qualified as an organization under article 5207a. In Special Issue Number 1, the jury found that the Union and the individual appellees conspired to deny Mr. Hiñóte his “right to work.” … The correlation between the actions against the two clearly indicates that the Union and these individual appel-lees were responsible for these acts. There is evidence to support every finding made by the jury.

Ft. Worth, & D. C. Ry. Co. v. Smithers

228 S.W. 637 · Court of Appeals of Texas · Dec 8, 1920

was authorized, except, perhaps, in the last clause, it is charged "if the injuries were the direct and proximate cause (result) of all or any one of these acts or negligence, as alleged in plaintiff's petition," and also qualified … It presents, we think, the rule of concurrent acts clearly and understandably, without any attempt at subtle refinements.

La Ventana Ranch Owners' Ass'n v. Davis

363 S.W.3d 632 · Court of Appeals of Texas · Jun 3, 2011

Because the CCRs vest the AC with the power to exercise the necessary authority to enforce the terms and provisions of the CCRs, the AC qualifies as a representative designated to enforce restrictive covenants for purposes … factual sufficiency of the evidence to support a jury finding, we must consider and weigh all the evidence and should set aside the judgment only if it is so contrary to the overwhelming weight of the evidence as to be clearly

Hoisager, James Dwayne

Court of Appeals of Texas · Nov 2, 2015

There are no additional facts needed to establish the violation. … Only changes that affect the substance of the indictment qualify as amendments. Eastep, 941 S.W.2d at 132.

Boynton Lumber Co. v. Houston Oil Co. of Texas

189 S.W. 749 · Court of Appeals of Texas · May 25, 1916

Martin Lewis’ subdivision on the Cochran, and that it was established for him by Mr. … Duffie as Special Associate Justice to sit in said cause, and he thereupon duly qualified.

Carleton-Ferguson Dry Goods Co. v. McFarland

230 S.W. 208 · Court of Appeals of Texas · Dec 18, 1920

Some of her time was spent on the ranch, but she never had a regularly established home there. She never acquired any other home elsewhere. … McFarland's plea of title under the statute of 10-year limitation, since it clearly tended to explain the character of possession of the partnership of McFarland and Eddleman. Warren v.

Guanche, Erik Santana

Court of Appeals of Texas · Mar 31, 2015

Texas Government Code (Chapter 57), which happens to be the essence of these Opinion(s), requires the interpreter maintain the appropriate interpreter license in order to be qualified to interpret for any Spanish speaker … The party seeking recusal must establish that a reasonable person, knowing all the circumstances involved, would have doubts as to the impartiality of the judge.

Raymond Lee Cavitt v. State

507 S.W.3d 235 · Court of Appeals of Texas · Apr 23, 2015

Although it was dark, R.R. saw appellant clearly, and she testified that he was wearing a blue shirt and no pants. … Finally, the State points out that testimony by Laverne that Dee wanted to change her statement to police would not be admissible to impeach R.R., and that it would not qualify as “newly discovered,” as appellant’s counsel

Woods, Rodney Lewis

Court of Appeals of Texas · Mar 3, 2015

.~ 339 (1994) recogniaed,' an habeas review is available to check violations of federal laws when the error "qualifies as ""a fundamental defect which inherently results in a complete miscarriage of josaoo;"'" coming mll … As the Texas statute illustrate, the Term "counterfeit substance" has _a defended, well~established meaning distinct from the definition of a "simulated" or "limitation" controlled `z__.. ..4.. substance offense.

Lewis v. Houston Oil Co. of Texas

198 S.W. 607 · Court of Appeals of Texas · Nov 3, 1917

These cases, in our opinion, clearly lay down the correct rule, which must he applied to the determination of this cause. … The truth is, when one is driven to rely on facts and circumstances to establish a conveyance, the court is rarely able to determine what was the exact nature of the transfer.

Gonzales, Alejandro Farias

Court of Appeals of Texas · Mar 30, 2015

Constitutional laws authority to do ministerial acts- in accordance with Article 16,§ 1 of the Texas Constitution,but said Sworn to- Oath must be to the Texas State Controller's Office of Public Accounts(that he- or she was qualified … established law.Under both Texas and federal laws,and by such violations of Civil rights,does seem to fall under the category of structure errors of law- in the lower COURTS,in their effect upon this Relator's deprivation

Lone Star Steel Company v. Owens

302 S.W.2d 213 · Court of Appeals of Texas · Mar 7, 1957

These last named cases deal with evidence that establishes the adverse character of the claimant's possession. … A careful study of Montgomery's testimony clearly shows that timber was cut as late as 1938 or 1939, and that he made no objection whatever to such cutting and removing of the timber. Black v.

Hayek v. Western Steel Company

469 S.W.2d 206 · Court of Appeals of Texas · May 27, 1971

Steel Company, 409 S.W.2d 443 (Tex.Civ.App., Corpus Christi, 1966, n. w. h.), where the owner failed to retain any funds from anyone during the course of construction of eight houses, held: “ * * * Article 5469, V.A.C.S. clearly … Undoubtedly, the primary purpose of the Legislature in enacting the present mechanics’ and materialmen’s lien law (Articles 5452-5472e, V.A.C.S.), was to protect contractors, subcontractors, laborers and materialmen by establishing

Texas Pipe Line Co. v. Hunt

222 S.W.2d 128 · Court of Appeals of Texas · Jun 10, 1949

This evidence by qualified expert witnesses clearly raised the fact questions submitted in issues 3 and 4, and fully supports the jury’s answers. These assignments are overruled. … land owner in the consequence of an appropriation of, or injury or damage to, his property in condemnation proceedings, the jury may take into consideration every element of annoyance and disadvantage resulting from the establishment

Samuel Quintanilla v. State

496 S.W.3d 861 · Court of Appeals of Texas · Jun 21, 2016

While the trial court’s statements suggest an inclination to grant the motion for directed verdict, the qualifying statements to the effect that the State could “show me something else” convey openness to additional argument … Thus, the trial court’s statements do not clearly convey a final ruling on the motion.

Schlittler, David

Court of Appeals of Texas · Mar 27, 2015

New York, 370 U.S. 139 (1962) (holding that a jail visitation room was not constitutionally immune area from electronic surveillance). … New York, 370 U.S. 139 (1962) (holding that a jail visitation room was not constitutionally immune from electronic surveillance).