Case law

Phillips v. State

534 S.W.3d 644 · Court of Appeals of Texas · Jul 27, 2017

A trial court abuses its discretion only when the court’s decision was so clearly wrong as to lie outside the zone within which reasonable persons might disagree. Id.; Wilson, 473 S.W.3d at 899-900 . … The question of whether the witness is qualified to testify as ah expert is a two-part inquiry. Id.

Sharp v. Chrysler Corporation

432 S.W.2d 131 · Court of Appeals of Texas · Sep 4, 1968

Evidence of what others do to stabilize the adjusting unit should ordinarily have been received from a qualified witness, not as establishing a standard of care, but to be considered along with all other evidence to determine … defective nature of the braking mechanism, as to the defective installation of the adjusting unit of the brakes, and as to how the adjusting unit became detached from its normal position resulting in brake failure, was clearly

Johnson v. State

267 S.W. 1057 · Court of Appeals of Texas · Dec 6, 1924

Its effect is to render a person immune from the drastic provision of the injunction feature of the said' act until it has been established beyond a reasonable doubt, in a court of competent jurisdiction, that the defendant … The logic of appellant’s contention is that, as the various schools established by the different systems of the practice of medicine to qualify one for the treatment of disease and human deformity are based on radically different

Smith v. O'Neal

850 S.W.2d 797 · Court of Appeals of Texas · Mar 18, 1993

The evidence must do more than create suspicion and must be strong enough to warrant a reasonable belief of the existence of the fact being established. Costa v. Storm, 682 S.W.2d 599, 602 (Tex.App. … Miedzinski qualified as an expert. At trial, Dr.

Sam Houston Electric Cooperative, Inc. v. Public Utility Commission of Texas

733 S.W.2d 905 · Court of Appeals of Texas · May 6, 1987

Even were we to accept the broader construction of § 51(b) urged by SHECO (again assuming arguendo that the proposed facilities qualify as an “extension” under § 51(a)), we still find the proposed facilities would not qualify … A solution is to establish a nqw power source in the New Waverly-Evergreen area which [SHECO] proposes to do with the Evergreen substation.

Berry Contracting, L.P. v. Mann

549 S.W.3d 314 · Court of Appeals of Texas · Apr 26, 2018

When a defendant conclusively establishes all the elements of an affirmative defense to a plaintiff's claim, the defendant is entitled to summary judgment against the plaintiff's claim. KCM Fin. LLC v. … (d) to be included in a notice of appeal; (2) attach a copy of the order from which appeal is sought; (3) contain a table of contents, index of authorities, issues presented, *329 and a statement of facts; and (4) argue clearly

Cain v. Lumsden

204 S.W. 115 · Court of Appeals of Texas · May 8, 1918

fide resident within the territory embraced in what is known as the Wilson independent district; that he is a taxpayer in said district, and has one child within the scholastic age; that appellant was the duly elected and qualified … Clearly the authority given the Legislature is to create districts, not by either method, but by both, if it was thought advisable.

Davis v. Andrews

361 S.W.2d 419 · Court of Appeals of Texas · Sep 28, 1962

It is a well recognized rule of grammatical construction that a qualified portion of a sentence qualifies that sentence only. … It necessarily qualifies only that part of the sentence relating to warranty and not as to grant.

Queen v. RBG USA Inc.

495 S.W.3d 316 · Court of Appeals of Texas · Apr 28, 2016

RBG had a qualifying period of “maybe about a month or so” before offering its employees employment agreements. Magee could not remember how long the qualifying period was. … RBG challenges the legal sufficiency of the evidence establishing the essential terms of the agreement.

Galveston, H. & S. A. Ry. Co. v. Hartford Fire Ins. Co.

220 S.W. 781 · Court of Appeals of Texas · Mar 11, 1920

If the evidence adduced upon the issues raised establish plaintiff's powers under its charter to make the contracts which form the basis of this suit, and that it had such a permit from the state of Texas to make the contracts … The record clearly discloses that many of the cattle were in good condition, and there is abundant evidence that many of them were very poor and weak.

American Casualty Co. v. Horton

152 S.W.2d 395 · Court of Appeals of Texas · Apr 19, 1941

Rules of evidence are established by law, either statutory or at common law, adopted by statute, and are not the subject of contract. The case of Sovereign Camp v. … The undisputed facts show, and the serious nature of plaintiff’s injury clearly indicates that he is no longer qualified to perform acceptably the usual and customary tasks that previously he had discharged, hence, in the

Fraser v. State

523 S.W.3d 320 · Court of Appeals of Texas · Jun 9, 2017

felony offense of either injury to a child or child endangerment. 9 While “injury to a child” and “child endangerment” can qualify as the underlying felony in a felony-murder prosecution, the two offenses do not qualify … An offense is a lesser-included offense if: (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs from the offense charged only in

Reed v. Barlow

157 S.W.2d 933 · Court of Appeals of Texas · Dec 23, 1941

The settled rule is that while a duly qualified expert witness may give his opinion based upon sufficient relevant facts, such facts must be within his personal knowledge, or assumed from common or judicial knowledge, or … established by evidence; his opinion is without value,- and is inadmissible, if based upon facts and circumstances gleaned 'by him from ex-parte statements of third persons, and not established by legal evidence before a

Theresa G. Stowers v. Texas Department of Public Safety

465 S.W.3d 257 · Court of Appeals of Texas · Apr 9, 2015

E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … Stowers points out that the Department did not offer evidence at the administrative hearing to establish that her blood had been drawn by a qualified person in a sanitary place. See id.

Houston B. & T. Ry. Co. v. Hornberger

143 S.W. 272 · Court of Appeals of Texas · Dec 13, 1911

the purpose of `construction, etc., of terminal railways,' and throughout said act, in each provision thereof, the words `terminal railways,' wherever mentioned, are preceded by the word `such'; `such terminal railways' clearly … amendment of 1907 has taken the place entirely of the original section 53 of article 642 and the amendment of 1905; and that the amendment of 1907, since its passage, became and continued the only law on the subject, and clearly

Smith v. Tennessee Life Insurance Co.

618 S.W.2d 829 · Court of Appeals of Texas · May 21, 1981

establishes Smith’s suicide. … The evidence would clearly support a finding that he died from a self-inflicted gunshot wound.

Baldacchi v. Goodlet

145 S.W. 325 · Court of Appeals of Texas · Feb 14, 1912

The facts alleged in the petition and established by the evidence adduced on the hearing are as follows: Each of the plaintiffs is a licensed retail liquor dealer, and is carrying on the business of a retail liquor dealer … But the whole scope of the article shows clearly what is meant by the judicial department of the government. The word ‘judicial’ is, however, used not with strict accuracy in another sense.

Childress County v. Sachse

310 S.W.2d 414 · Court of Appeals of Texas · Feb 3, 1958

Sachse, had been duly elected to the office of Commissioner of Precinct 3 of said county at the General Election held in November, 1954, had duly qualified and had taken office on January 1, 1955, and was serving in such … According to the record before us and under the cited and numerous other authorities it clearly appears that appellee, L. A.

Koehler v. Dubose

200 S.W. 238 · Court of Appeals of Texas · Jan 2, 1918

In section 4 of that law, it is distinctly and clearly provided that certain existing matters and things shall not be affected by the act, each matter being specified. … There are two classes of privileged occasions or communications, the first absolute privilege, and the second qualified privilege.

DeGrummond v. Smith

168 S.W.2d 899 · Court of Appeals of Texas · Jan 8, 1943

The first point is to the effect that the court erred in approving such final account because the pleadings and the evidence establish conclusively that the accounting did not include the amounts of her insane ward’s funds … It clearly shows the legislative purpose and intent that the right of a survivor in community to administer the community property shall be superior to the right of a guardian of an insane person to administer.