Case law

Atchison, Topeka & Santa Fe Railway Co. v. Mahon

473 S.W.2d 598 · Court of Appeals of Texas · Nov 8, 1971

necessary culverts or sluices as the natural lay of the land required and that such failure was the proximate cause of appellee’s damages, is not so contrary to the great weight and preponderance of the evidence as to be clearly … Direct qualified expert opinions based on calculated engineering data, topographic maps and photographs and the statements of laymen directly involved in the work in the area at the time of the floods are supportive of the

Langdeau v. Pittman

337 S.W.2d 343 · Court of Appeals of Texas · Jun 15, 1960

We find no provision in the Code which qualifies this implied authority of the receiver to bring or defend suits. Such authority is not under “the control of the court”, as is true of other receivers. … He relies upon Sec. 4(d) to establish the nullity of the new trial order.

Lavoie, Michael Paul

Court of Appeals of Texas · Sep 1, 2015

Here, appellant did not establish, through questions of Jara or through any statement by counsel, the content of Jara’s proposed testimony. … ref’d) (mem. op., not designated for publication) (“We hold that counsel’s identification of the mere topics of the expert’s likely testimony does not qualify as a ‘reasonably specific summary’ of the evidence.”).

Boese v. Parkhill

202 S.W. 120 · Court of Appeals of Texas · Mar 7, 1917

Womack qualified as administrator of the estate of said Massey with the will annexed. James Massey, son of the first wife, refused to accept under the will of his father, H. H. … That a decree was rendered in said court establishing the interest of the parties, and decreeing the land incapable of partition, and ordering it to be sold by a special commissioner, E. B.

Magalde, Fernando

Court of Appeals of Texas · Apr 17, 2015

for discretionary Review in the interest of justice, and will demonstrate the Verdict was so against the great weight and prepondrance of the evidence to be clearly … efford to prevent her from possibility being hit ,ran over by another vehicle and Seriously hurt, and telling her to stay in the vehicle after that reached his mother house doesn't qualify

Bottenfield v. State

77 S.W.3d 349 · Court of Appeals of Texas · May 16, 2002

Appellant objected that the questions to Redden and Yoon were improper questions because they were an attempt to qualify the two as expert witnesses in the cases and because their "unsworn testimony" tainted the entire panel … Some are—are not as—don't as easily talk, we spend a lot of time establishing rapport with the children.... Some children are easier to talk to than others.

Arbor Windsor Court, Ltd. v. Weekley Homes, LP

463 S.W.3d 131 · Court of Appeals of Texas · Mar 17, 2015

(holding that obligation to pay former employees conditioned on a “qualifying event” was a condition precedent — interpreting that company’s payment not due employees unless a condition [sale of controlling interest in the … “A construction which renders the specified remedy exclusive should not be made unless the intent of the parties that it be exclusive is clearly indicated or declared.” Id.

Kline v. O'QUINN

874 S.W.2d 776 · Court of Appeals of Texas · May 12, 1994

arbitration only if it could be said not only that a claim was strictly `procedural,' and therefore within the purview of the court, but also that it should operate to bar arbitration altogether, and not merely limit or qualify … Kline's position on the matters in controversy more clearly than the papers previously submitted."

Green, Alfred Charles

Court of Appeals of Texas · Aug 28, 2015

In fact, in closing he stated: “I'm not going to get up here and lie to you . . . clearly we’ve stipulated that these things are true.” … The twenty-five-year sentence is the lowest in the range for a conviction where there are two prior qualifying convictions. TEX.PENAL CODE ANN. § 12.42(d). The jury also assessed no fine.

Norwich Union Indemnity Co. v. Wilson

17 S.W.2d 68 · Court of Appeals of Texas · Mar 27, 1929

There was no attempt to show that he was qualified by education to hold an office job, or to perform any other character of service than the service he was engaged in when he was injured. … The evidence previously quoted clearly presented that question as an issue of fact to be determined by the jury. Was this phase of the case properly presented by special issue No. 4?

Haynes v. Haberzettle

152 S.W. 717 · Court of Appeals of Texas · Dec 19, 1912

Nichols, a peace officer duly and legally qualified under and by virtue of the laws of this state, not to sell any spirituous, vinous, or malt liquors capable of producing intoxication to said Tillman Haynes, plaintiff’s … Ford, 62 Tex. 385 , in which it was held that the consent of the mother to the employment of the minor son in a retail liquor dealer’s establishment did not shield the dealer from a recovery on his bond. [2, 3] From these

Union Carbide Corp. v. Synatzske

386 S.W.3d 278 · Court of Appeals of Texas · Jun 28, 2012

Joseph Prince is a qualified, board-certified pulmonary specialist who served Mr. Emmite as his last treating physician; 8. In his report and testimony, Dr. … As the Texas Constitution clearly forbids the legislature from criminalizing certain past conduct by enacting ex post facto laws, it also clearly forbids the legislature from either creating or relieving tort liability for

Hagins v. Wilson

262 S.W. 770 · Court of Appeals of Texas · Mar 26, 1924

The fact established by the situation itself and matters of common knowledge, so clearly that no one can reasonably dispute it notwithstanding evidence to the contrary, must stand uncontroverted and uncontrovertible, condemning … He qualified his affidavit to some extent in his oral testimony given during the hearing of the motion for new trial, but still stated that what Gragson had said influenced him to some extent.

Amos, Michael

Court of Appeals of Texas · Sep 4, 2015

Additionally, on the same qualifying question Venireman Laroche later raised his hand stating he could not follow the law. R. Vol. III – 115. … We can sustain a trial court’s denial on the ground that the evidence failed to 13 establish standing as a matter of law even when the record does not show the issue was ever

Amos, Michael

Court of Appeals of Texas · Sep 8, 2015

Additionally, on the same qualifying question Venireman Laroche later raised his hand stating he could not follow the law. R. Vol. III – 115. … We can sustain a trial court’s denial on the ground that the evidence failed to 13 establish standing as a matter of law even when the record does not show the issue was ever

Houston-American Life Insurance Co. v. Tate

358 S.W.2d 645 · Court of Appeals of Texas · May 31, 1962

Company forms; that personnel in the Finance Company were qualified to issue policies of credit insurance for the insurance company; that the life insurance company refunded to the finance company 50% to 70% of all premiums … It is our view that the evidence of record clearly shows that the court’s action in rendering judgment against the life insurance company, and life underwriters, was justified under the foregoing rule.

Cary, David Frederick

Court of Appeals of Texas · Apr 21, 2015

State, whom the actor sought to influence was not qualified to 687 S.W.2d 2, 3 (Tex.Crim.App.1985). … He confirmed that he was being compelled to testify under a grant of testimonial immunity. Id.

C. C. Slaughter Cattle Co. v. Potter County

235 S.W. 295 · Court of Appeals of Texas · Nov 9, 1921

If the agreement to take the land and pay for it is not expressed, it is clearly implied. … This entire clause is one long complex sentence, with several qualifying clauses, and somewhat redundant.

Childress, Jason

Court of Appeals of Texas · Aug 3, 2015

Without such evidence, the Whitaker cannot establish that the officers of/for the NBPD were lawfully discharging their official duties. … Tab K pg.37 - 39, #85. - 86.), Whitaker is not a competent and qualified witness due a lack of personal knowledge and status as a prosecutor.

Wilson, Herbert Ray

Court of Appeals of Texas · Jun 18, 2015

App. 1997) as establishing that this Court had never found the textual differencebetween the two constitutions to be significant (Mem. Opin., pp. 4-5). … A punishment hearing at trial would be a "pre-deprivation" review, while a parole hearing almost four decades later clearly is "post-deprivation."