Case law

Turner v. City of Beaumont

197 S.W.2d 114 · Court of Appeals of Texas · Oct 3, 1946

legally qualified voters of said city. … If the Legislature had intended such a result, we believe that Article 1182a would have contained language more clearly evidencing such a purpose.”

Bennett v. TARRANT CTY WATER CONTROL

894 S.W.2d 441 · Court of Appeals of Texas · Mar 21, 1995

In a summary judgment case, the issue on appeal is whether the movant met his summary judgment burden by establishing that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of … Clearly, the easements do not preclude the Landowners from developing or transferring ownership rights in the property.

University of Texas Health Science Center at Houston v. Joplin

525 S.W.3d 772 · Court of Appeals of Texas · May 18, 2017

See 498 S.W.3d at 40-41 (“The parties- agree that the Act requires mandatory dismissal when a claimant fails to timely sei*ve a qualifying expert report. … Unlike in Hebner , where the plaintiffs served the doctor with a qualifying expert report and CV before filing suit against her, the Joplins did not actually serve UTHSCH with a qualifying expert report and CV at any time

Ramsay v. Wilhelm

52 S.W.2d 757 · Court of Appeals of Texas · Jun 1, 1932

Appellant insists that, having been allowed to-vote, it must be presumed that the election officials found them qualified, and that to disfranchise them appellee must show clearly and conclusively that they were disqualified … The status of a person as to alienage, when once established, is presumed to continue until the contrary is proved.”

Thomas v. St. Joseph Hospital

618 S.W.2d 791 · Court of Appeals of Texas · Apr 30, 1981

The plaintiff had the burden of establishing who made the gown in question under the theories of strict liability, breach of warranty, or negligence. It is clear that the gown was furnished to Mr. … (hospital protected by charitable immunity from strict liability for administering a contaminated drug).

City of Denison v. Municipal Gas Co.

257 S.W. 616 · Court of Appeals of Texas · Dec 15, 1923

The Constitution merely restrains and limits that power, and, as a general rule, any legislation not clearly inhibited by the Constitution may be enacted validly in any manner and as to any matter with reference to 'which … the enactment attacked, if any doubt intrudes to affect the conclusion of the court, such doubt must be Resolved in favor of the statute and its constitutionality sustained unless by every fair construction its invalidity clearly

Texas Commission on Human Rights ex rel. Hale v. Kinnear

986 S.W.2d 828 · Court of Appeals of Texas · Mar 25, 1999

An award against the State of Texas may be granted only if the State has waived sovereign immunity. See Univ. of Tex. Medical Branch v. York, 871 S.W.2d 175 (Tex.1994). … The Commission argues that Kinnear called the witnesses so their testimony qualify as his admissions. We disagree.

Cline v. Niblo

286 S.W. 298 · Court of Appeals of Texas · May 15, 1926

The daughter, Ethel Niblo, on application made by her, was duly appointed administra-trix of the said estate, and duly qualified as such administratrix. … Logan, supra, said: “Clearly mere failure of the probate court to set the homestead apart for the use and benefit of said members of his family divested said heirs of no constitutional or statutory right, and conferred no

Tax Payers Ass'n of Lubbock v. City of Lubbock

565 S.W.2d 578 · Court of Appeals of Texas · Apr 24, 1978

. *579 The City of Lubbock, Texas, a home rule municipal corporation, enacted Ordinance No. 7429 calling a bond election to determine if the qualified voters would authorize the issuance of general obligation bonds totalling … The city responds that its ordinances are immune from that attack because Article 717k-2, enacted effective 11 September 1969 and in effect on the date of trial, 2 authorizes the issuance and sale of public securities “at

Marente v. Asah

486 S.W.3d 680 · Court of Appeals of Texas · Mar 4, 2016

and because her report and CV fail to establish knowledge of the accepted standard of care applicable to Asah, we cannot conclude that the trial court abused its discretion in finding that Bing-ham was not qualified. … The record does not clearly indicate whether the tube was inadvertently dislodged or was purposefully removed. . A nurse cannot, as a matter of law, establish the causation prong required by Section 74.35 l(r)(6).

Cryer v. Duren

164 S.W.2d 752 · Court of Appeals of Texas · Sep 16, 1942

The case is clearly ruled by the decision in Milo v. … These statutes clearly contemplate and provide for a plenary suit to set aside or annul the will. And the burden rests upon the contestant to establish the material allegations of the application. Chambers v.

Simms Oil Co. v. Butcher

55 S.W.2d 192 · Court of Appeals of Texas · Nov 19, 1932

Jones and the National Bank of Arkansas duly qualified as executors of his estate. … It is the settled rule of law in this state that, on any matter upon which the court must have passed in the rendition of the judgment against a party to the proceedings, such judgment, on a collateral attack, is immune from

City of Wichita Falls v. Landers

291 S.W. 696 · Court of Appeals of Texas · Jan 15, 1927

“(u) To have and exercise all of the powers, rights, privileges and immunities of every character and description whatsoever conferred upon and granted to cities of more than five thousand inhabitants to adopt and amend their … it by satisfactory evidence. “(3) Judicial interference is sanctioned only where the evidence demonstrates that the rates involved are clearly, palpably and grossly unreasonable.”

State Highway Department v. Pinner

531 S.W.2d 851 · Court of Appeals of Texas · Nov 26, 1975

Witnesses for the Highway Department established that there was a dump truck with an iron wheel roller attached, a pickup truck, a maintainer, and a tractor, with rotary boom attached. … of the evidence as to be clearly wrong.

State Ex Rel. Pace v. Logan

5 S.W.2d 247 · Court of Appeals of Texas · Apr 3, 1928

The voter has nothing to do with the establishing of voting precincts, but must vote at such places as are established by the officers whose duty it is to fix same. … will in the speediest and most convenient manner, and we think that a failure to comply with provisions of the law not essential to attain that object should not avoid the election in the absence of language in the law clearly

Marshall v. United Finance & Thrift Corp. of Dallas County

347 S.W.2d 623 · Court of Appeals of Texas · May 26, 1961

In the same connection the testimony of Mary Lou Lee was excluded by the court as qualified privilege. … But here the concluding statement, attributed to defendant’s manager goes quite beyond the rule of qualified privilege. In the early case of Brown v.

Thompson v. Elmo Independent School Dist.

269 S.W. 868 · Court of Appeals of Texas · Jan 8, 1925

Clearly, the action of the school board in ordering its president to draw drafts on such funds, must be governed and limited by the provisions of said article. … The bank in that case was the duly qualified depository of Eastland county.

Lastro v. State

3 Tex. Ct. App. 363 · Court of Appeals of Texas · Jul 1, 1878

But it is equally well-settled that this power is not to be exercised in doubtful cases, but a just deference for the legislative department enjoins upon the courts the duty to respect its will, unless the act is clearly … Section 19 of the Bill of Bights reads: “¡No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by due course of the law of the land.”

Hubert v. Harte-Hanks Texas Newspapers, Inc.

652 S.W.2d 546 · Court of Appeals of Texas · May 11, 1983

Even should we assume appellants could establish that release of the information would infringe on the candidates’ privacy, disclosure should still be permitted. … Therefore, the statute places a further burden on litigants who successfully establish that publication of material would result in an invasion of privacy.

Ehrlich v. Miles

144 S.W.3d 620 · Court of Appeals of Texas · Aug 12, 2004

Marable does not show that he is qualified on the basis of his training or experience to offer an expert opinion regarding those accepted standards of medical care. In short, Appellant did not establish that Dr. … Marable is not qualified to make in this case, the report does not clearly address the element of causation.