Case law

Aransas Hospital, Inc. v. Aransas Pass Independent School District

521 S.W.2d 685 · Court of Appeals of Texas · Mar 31, 1975

To establish and maintain a hospital for the care of people suffering illness or disabilities requiring in-patient or out-patient facilities. B. … The four instances where the Hospital did render services that were purely charitable in nature and in scope, while highly commendable, do not, as such, qualify appellant for tax exemption.

Salazar v. State

298 S.W.3d 273 · Court of Appeals of Texas · Aug 20, 2009

Defense counsel objected to the testimony regarding the HGN test, arguing that the State had not properly established that Foley was qualified to perform it. The trial court overruled the objection. … Salazar’s argument is that the State failed to establish that Foley was qualified to perform the HGN test and that therefore it was harmful error to allow Foley to testify concerning Salazar’s performance on the HGN test.

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.”

Rio Vista Independent School District v. Grandview Independent School District

379 S.W.2d 408 · Court of Appeals of Texas · May 14, 1964

identified in the description, establish that the “metes and bounds description” of the area to be detached is adequate. … His reference was to “ink marks” which consisted of asterisks designating qualified voters and the inserted words, “qualified voters and property owners.”

Teladoc, Inc. v. Texas Medical Board and Nancy Leshikar, in Her Official Capacity as General Counsel of the Texas Medical Board

453 S.W.3d 606 · Court of Appeals of Texas · Dec 31, 2014

explicit concept of “face-to-face visit,” defined as “[a]n evaluation performed on a patient where the provider and patient are both at the same physical location” unless the patient is located at a medical facility qualifying … —Austin Oct. 31, 2014, pet. filed) (reasoning that where agency’s immunity from suit was waived by section 2001.171 of the APA, immunity was likewise waived as to agency officers sued in their official capacities) (citing

Gay Investment Co. v. Texas Turnpike Authority

510 S.W.2d 147 · Court of Appeals of Texas · May 9, 1974

I, § 17 expressly prohibits irrevocable or uncontrollable grants or special privileges or immunities. … The agreement clearly constitutes an attempt on the part of the turnpike authority in 1956 to contract away a governmental function and as such it goes directly in the face of the established authorities cited above.

Zachry-Dillingham v. American President Lines, Ltd.

739 S.W.2d 420 · Court of Appeals of Texas · Sep 16, 1987

There is no evidence of congressional intent to grant immunity to carriers for their fraudulent acts. … Immunity from the Texas DTPA is not necessary to the accomplishment of any congressional objective expressed by the Shipping Act.

Rodriguez v. Thompson

542 S.W.2d 480 · Court of Appeals of Texas · Oct 4, 1976

The evidence supports the trial Court finding that he established his residence in Presidio County and was qualified to vote there. … The evidence clearly supports the trial Court finding that he was not a resident qualified to vote in Presidio County. Point of Error Number Twenty is overruled.

State Ex Rel. Russell v. Box

34 Tex. Civ. App. 435 · Court of Appeals of Texas · Feb 6, 1904

But there was nothing in this ruling to his detriment, since the facts clearly warranted the orders complained of. … -causes, including' the failure to qualify, that the truth of the cause for removal shall be established by a verdict of a jury, which does not differ *441 in substance from the requirement of the Constitution. Rev.

Arkla, Inc. v. Harris

846 S.W.2d 623 · Court of Appeals of Texas · Feb 4, 1993

The trial setting, *629 ordered as a sanction for discovery abuse, clearly affects all defendants. … A party seeking to exclude documents from discovery must specifically plead the particular privilege or immunity claimed, request a hearing on his motion, and produce evidence showing the documents qualify for the privilege

Zoner v. Hertz Equipment Rental Corp.

523 S.W.2d 765 · Court of Appeals of Texas · Apr 30, 1975

If there was a contractual provision governing the right of control, or if there was evidence that the contract was a subterfuge or was abandoned, then the actual exercise of control should be evidentiary of, and might establish … The jury’s failure to find that the brake was defective was not so in disregard of the weight of the evidence as to be clearly wrong.

Rio Vista Ind. Sch. Dist. v. Grandview Ind. Sch. Dist.

379 S.W.2d 408 · Court of Appeals of Texas · May 14, 1964

identified in the description, establish that the "metes and bounds description" of the area to be detached is adequate. … His reference was to "ink marks" which consisted of asterisks designating qualified voters and the inserted words, "qualified voters and property owners."

State v. Tellepsen Construction Co.

459 S.W.2d 447 · Court of Appeals of Texas · Sep 16, 1970

Were it necessary to the disposition of this case we would hold that there was no proper objection before the trial court which clearly and specifically challenged the qualifications of the witness Tellepsen. … Thus, while the witness Tellepsen was not shown to be qualified as a broker or appraiser, i. e., one who relied upon sources of information supplied to him by others, his qualifications were established by his own direct

Baptist Memorials Geriatric Center v. Tom Green County Appraisal District

851 S.W.2d 938 · Court of Appeals of Texas · May 19, 1993

The Tax Code contains the requirements established by the Legislature in order for property to qualify for a charitable exemption from taxation: (a) An organization that qualifies as a charitable organization as provided … If there is no evidence to support the answer, then we examine the entire record to see if the contrary proposition is established as a matter of law. Sterner v.

Ripley v. Trinity River Canal & Conservancy Dist.

88 S.W.2d 752 · Court of Appeals of Texas · Nov 2, 1935

It is provided, however, that all Directors shall serve until such time as their successors shall have been duly chosen and qualified. … Clearly the act contemplates that the district could have three distinct periods of existence: The first was established instantly by the act, the other two were inchoate, but during each period, the district was to be governed

Export Ins. Co. v. Axe

36 S.W.2d 572 · Court of Appeals of Texas · Feb 6, 1931

The reasons for the holding are so clearly stated by the Supreme Court of Ohio in the case of Queen Ins. Co. v. Leslie, 47 Ohio St. 409 , 24 N. E. 1072 , 1074, 9 L. R. … The bill of exceptions was qualified by the trial court by setting out the question and answer *576 form of the examination.

Homes v. O'conner, Administrator

9 Tex. Civ. App. 454 · Court of Appeals of Texas · Jan 9, 1895

Ballard alone qualified. … It clearly appears from the testimony that the land sold for $1080 in September, 1883, and that shortly afterwards, on October 26, 1883, having sold the land and some personal property to the satisfaction of the devisees,

Sanders v. State Department of Public Welfare

472 S.W.2d 179 · Court of Appeals of Texas · Oct 7, 1971

Kelly, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970) : “ * * * Such benefits are a matter of statutory entitlement for persons qualified to receive them. 8 * * * *182 Reich, Individual Rights and Social Welfare: The … There is no way that this Court, or any court could follow the established canons of construction and come logically and consistently to the ultimate intent of this regulation.

Trustees of College of De Kalb v. Williams

143 S.W. 348 · Court of Appeals of Texas · Jan 19, 1912

It is clearly inferable from the terms of the act creating this college that the trustees were expected to receive financial aid from private sources, and that they should charge and collect tuition from those who attended … The grant of land was for the purpose of equipping the institution with only a portion of the means necessary to its establishment and maintenance.