Case law

In re P.M.

543 S.W.3d 365 · Court of Appeals of Texas · Jan 12, 2018

In *376 making the objection, terms of legal art are not required, but a litigant should at least "let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly enough for the judge to … In this case, the State did not call the child to testify nor did it establish that the use of the outcry testimony was necessary to protect the welfare of the child.

City of Alvin v. Public Utility Commission of Texas

876 S.W.2d 346 · Court of Appeals of Texas · Jun 1, 1994

We conclude PURA authorizes the Commission to establish a performance standard for TNP Unit 1. … Homes that qualified under the program met certain standards for thermal integrity and efficient, properly-sized heating and cooling equipment. 18 .

Aldrich v. State

296 S.W.3d 225 · Court of Appeals of Texas · Aug 25, 2009

Numerous witnesses testified that when the accident occurred, it was dusk but not dark; that the street where the accident occurred was well lit; and that the crosswalk was clearly marked and visible. … The prosecutor explained that defense counsel did not need to worry about establishing the State’s chain of custody, he had to establish only his own chain of custody — what he did with the blood sample from when he picked

Housley v. Strawn Merchandise Co.

253 S.W. 673 · Court of Appeals of Texas · Apr 14, 1923

In other words, the promise was not absolute but clearly collateral. Brown in promising received no profit nor served any purpose of his own other than to favor a relative. … It may be true, and doubtless is true, that cases may be found, and are perhaps cited, that are not easily distinguishable or even in conflict; but it is a well-established doctrine that cases arising under the statute of

Miller-Vidor Lumber Co. v. Schreiber

298 S.W. 154 · Court of Appeals of Texas · Jun 18, 1927

Clearly, on the facts of this case, no presumption of law arises that Lewis had acquired the Bonville title. Both parties in this case filed motions for instructed verdict. … While the case was pending on the docket, a special judge qualified to hear the case called it for orders, whereupon defendant W. H.

Lockheed Martin Corp. v. Hegar

550 S.W.3d 855 · Court of Appeals of Texas · Jun 8, 2018

[The predecessor statute] clearly provides that "when the property is delivered or shipped to a purchaser within this State," a sale of such property constitutes gross receipts from business done in Texas " regardless of … Abraham , 488 S.W.3d 294 , 297 (Tex. 2016) (explaining that the canon "provides 'that a qualifying phrase in a statute or the Constitution must be confined to the words and phrases immediately preceding it to which it may

Exxon Corp. v. Middleton

571 S.W.2d 349 · Court of Appeals of Texas · Aug 23, 1978

This clearly means the prevailing market price at the time of the sale or use. … Hudson was shown to be an eminently qualified expert witness.

Morris v. State

554 S.W.3d 98 · Court of Appeals of Texas · Feb 28, 2018

In Texas, before even being able to place a stun belt as a restraint on a defendant, the trial court must hold a hearing and establish that the use of the restraint is necessary. Simms v. … Supreme Court has not yet spoken on the subject of stun belts, and because we find ourselves unable to "declare certain classes of federal constitutional violations to be so detrimental to the conduct of a fair trial as to be immune

Wilkins, Terrance Germaine

Court of Appeals of Texas · Aug 28, 2015

Clearly it’s hearsay. THE COURT: Sustained. [DEFENSE COUNSEL:] Respectfully request that the jury disregard. … and not for the purpose of establishing or proving some fact at trial—they are not testimonial.”

Greer, David AKA David Duane Greer

Court of Appeals of Texas · Nov 3, 2015

This clearly violated Applicant' s 6th and 14th -Amendment right to a fair and impartial jury and trial. … "_ Therefore, all parties acknowledged that the state was able to establish applicant.was the driver of the vehicle before he was pulled over only through hearsay testimony, Also the record clearly demonstrates counsel made

Reed, Rodney

Court of Appeals of Texas · Mar 6, 2015

This clearly undermines the purpose of the subsequent-writ provisions. Id. at 400. … Clearly, Applicant has had at his disposal a forensic pathologist for the last four of his prior state habeas applications.

Grant v. United Gas Pipe Line Co.

457 S.W.2d 315 · Court of Appeals of Texas · May 20, 1970

On or before January 1, 1955, the County Clerk of Nueces County shall establish a separate docket for County *322 Court at Law No. 1 and a separate docket for County Court at Law No. 2. … He was not only one of the owners of the tract but was shown to be qualified as an expert witness, having had considerable experience with real estate subdivisions and the construction business.

Kubbernus v. ECAL Partners, Ltd.

574 S.W.3d 444 · Court of Appeals of Texas · Dec 20, 2018

Material Untruth or Omission Appellants first assert that the evidence is legally and factually insufficient to establish that they made any material misrepresentations or omissions to appellees. *480 The TSA establishes … L.P., in the amount set forth on page 5 (for individuals) or 7 (for entities) of the Limited Partnership Agreement (minimum investment of $ 50,000.00 subject to the General Partner's discretion to accept less from certain qualified

American Ins. Co. v. Jenkins

138 S.W.2d 847 · Court of Appeals of Texas · Mar 9, 1940

The transfer was immediately made thereafter; the officers and directors resigned and the officers and directors who had formerly served the American Life Insurance Company (original insurer) were elected and qualified as … Estoppel to deny its full liability as provided in the contract of insurance evidenced by the policy, clearly appears in the facts. The parties are not in pari delicto.

D Magazine Partners, L.P. v. Reyes

565 S.W.3d 38 · Court of Appeals of Texas · Apr 18, 2017

If a statement is capable of a defamatory meaning, we ask next whether the summary judgment evidence established that the statement was false. … We conclude that none of Reyes's fifteen statements qualifies as a false statement of verifiable fact.

Gulf, C. & S. F. Ry. Co. v. Nelson

139 S.W. 81 · Court of Appeals of Texas · Apr 5, 1911

We overrule the thirty-fourth, for the reason that Nelson appeared to be qualified to testify to the number of days it should take a loaded train to go from Silsbee to Selden. … We think it was clearly the duty of both defendants, after they had made the contract, with notice of the importance of prompt carriage of the material contracted to be carried, and the consequences of delay, involving damage

Harris, James Jr.

Court of Appeals of Texas · Feb 3, 2015

YENNE: Judge, he's not qualified as to 25 neurotoxicity. He's not a medical doctor. … It's certainly a proper area 20 of inquiry. 21 But we do not believe that this man is qualified. 22 Certainly if the Court considers him to be marginally qualified 23 to express an opinion, that should

Fieldtech Avionics & Instruments, Inc. v. Component Control. Com, Inc.

262 S.W.3d 813 · Court of Appeals of Texas · Aug 7, 2008

LESSEE agrees and acknowledges that it is the intent of both parties to the LEASE that it qualify as a statutory finance lease under Article 2A of the Uniform Commercial Code. … A motion that combines both bases for summary judgment is sufficient if it sets forth its grounds clearly and otherwise complies with rule 166a. See id. at 651 .

Livingston v. Livingston

537 S.W.3d 578 · Court of Appeals of Texas · Sep 21, 2017

However, Catherine did not testify that Robert qualified or limited his threat of physical harm to his interactions with her. … —Houston [14th Dist.] 2007, pet. denied) (“Exemplary damages are not available unless the plaintiff establishes that it sustained actual loss or injury as the result of an underlying tort.”).

Arteaga, Robert Michael Jr.

Court of Appeals of Texas · Dec 18, 2015

Section 6.201, supra, does not qualify as a statute defining “prohibited from marrying” because it only 9 renders an actual or putative marriage as void. … Penal Code Ann. (2014)(“general purposes of this code are to establish a system of prohibitions, penalties and correctional measures”).