Case law
Opinions from 1658 to today.
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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.”).
Cited 20 timesPublishedCourt 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”).
Cited 0 timesPublishedCourt of Appeals of Texas · Jul 7, 2015
The State failed to establish a appellant for failing to yield the right of way. … The probation order clearly T e x . T ra n s p .
Cited 0 timesPublishedCourt of Appeals of Texas · Feb 4, 2015
Fuelberg’s conviction, however, is not necessary to establish Petitioner’s liability under the law of parties. TEX. … The variance at issue in this case clearly does not fit into the first category because how a person commits mis- application of fiduciary property does not involve a statutorily defined manner and means of that offense.
Cited 0 timesPublishedCourt of Appeals of Texas · Apr 9, 2015
The 14th Amendment to the United States Constitution states, in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive … Defendant may not establish a romantic relationship without the approval of the Probation Officer (PO). U. Abide by all "Holiday Notice" rules.
Cited 0 timesPublished149 S.W.3d 213 · Court of Appeals of Texas · Sep 30, 2004
But, the “on-call” status of a physician does not, without more, establish a duty. Id. … Second, rule 279 clearly states that a party may assert a legal or factual insufficiency challenge for the first time, post-verdict. Id.
Cited 36 timesPublished540 S.W.3d 44 · Court of Appeals of Texas · Aug 15, 2017
s birth, M.G. has consistently taken him to doctor's appointments for "[w]ell child check[s]," for immunizations, and when he was experiencing coughing and "[w]heezing." … The medical records also reveal that A.G.G. has received appropriate immunizations and "[h]earing check[s]," and they described him as being "well nourished" and "well developed," with "no apparent distress."
Cited 48 timesPublished488 S.W.3d 867 · Court of Appeals of Texas · Apr 28, 2016
Because Willmar and the Partnership clearly intended to secure a benefit for Dr. Cravens and contracted directly for his benefit, we hold that Dr. … Attributing Myers with actual awareness of every work-related representation made by Lake simply because Myers was the “boss” is unrealistic, clearly punitive,' and contrary to the jury charge.
Cited 21 timesPublishedCourt of Appeals of Texas · Dec 18, 2015
Each of the multiple incidents individually establishes a different offense or unit of prosecution. Id. … In reviewing for an abuse of discretion, an appellate court will reverse the trial court's ruling only when that decision is so clearly wrong as to lie outside the zone within which reasonable persons might disagree.
Cited 0 timesPublishedCourt of Appeals of Texas · Mar 25, 2015
to establish guilt. … Rule 702 of the Texas Rules of Evidence 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
Cited 0 timesPublishedMartin v. Wholesome Dairy, Inc.
437 S.W.2d 586 · Court of Appeals of Texas · Jan 29, 1969
There are contradictions between highly qualified and eminent expert witnesses. This is to be expected in this day of deep research into all facets of life. … The results of some of .these tests are established by the admission of appellee. In regard to the admissibility of these opinions see McCormick and Ray, Texas Law of Evidence, 2nd ed., Sec. 1400, Coffee v.
Cited 17 timesPublished195 S.W.2d 968 · Court of Appeals of Texas · Apr 18, 1946
This power, indeed, seems implicit in the statutes which authorized the City to establish an airport. Therefore, the deed to the City from Evelyn R. … So much of the contract seems to us clearly invalid." And to the same effect, see: Texas Water Gas Co. v. City of Cleburne, 1 Tex. Civ. App. 580 , 21 S.W. 393 , at page 396; Sayles v. City of Abilene, Tex. Civ.
Cited 24 timesPublished214 S.W. 468 · Court of Appeals of Texas · Jun 20, 1919
authorities, and .counsel for appellees concede that the general rule is as contended on behalf of appellants and supported by the authorities referred to; but it is contended on behalf of appellees that there are-well established … under the law of one state of a corporation for the purpose of doing business exclusively in another state is a .fraud upon the laws of the latter state, and that such persons will not be deemed possessed of any of the immunities
Cited 5 timesPublishedCourt of Appeals of Texas · Apr 15, 2015
He established that appellant took Adam from the apartment and ordered Aviles-Barrosso to kill him. … The prosecutor’s comment was clearly a response to this argument and was the prosecutor’s opinion of the evidence presented in the trial.
Cited 0 timesPublishedCourt of Appeals of Texas · Jan 16, 2015
The proponent of the challenge has the burden of establishing that the challenge is proper. Id. at 747. … The veniremember clearly stated that he would be difficult for him not to vote for death when an individual was found to have committed the murder of a police officer knowingly.
Cited 0 timesPublishedCourt of Appeals of Texas · Nov 23, 2015
Clearly, the first requirement of Rule 107 is that matter "be given" in evidence. … A properly authenticated surveillance videotape of the event clearly shows that B committed the robbery. But, the jury convicts A.
Cited 0 timesPublishedCourt of Appeals of Texas · Nov 12, 2015
The prison disciplinary infractions which happened subsequent to the offense were clearly in the court’s mind. … records qualify as records made in the regular course of business.” Jackson v.
Cited 0 timesPublished549 S.W.3d 816 · Court of Appeals of Texas · Apr 19, 2018
Hobby , 506 U.S. 103 , 111, 113 S.Ct. 566 , 573, 121 L.Ed.2d 494 (1992) (holding that in a civil rights suit, "at least some relief on the merits" must be obtained by a party to qualify as a "prevailing party"). … The two-page order clearly contained the agreement of Appellants to their attorney's withdrawal because they signed the order.
Cited 23 timesPublishedCritical Path Res., Inc. v. Cuevas ex rel. Estate
561 S.W.3d 523 · Court of Appeals of Texas · Mar 29, 2018
that Valero would have had to start isolation and cleaning at least by March 1 to complete the necessary steps before work was scheduled to begin on March 8. 28 As to people, Rainer *552 himself admitted that he was not qualified … The goal is to submit to the jury the issues for decision logically, simply, clearly, fairly, correctly, and completely. Roye , 447 S.W.3d at 56 .
Cited 17 timesPublishedCourt of Appeals of Texas · Jan 5, 2015
And, her making decisions contrary to and involved unreasonable application of clearly established state and federal laws as determined by both Supreme Courts ·and the Constitutions of both Texas and the United States. … When the trial judge, for personal pecuniary interest, makes decisions contrary to, and involved unreasonable application of clearly established state and federal laws as determined by
Cited 0 timesPublished
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