Case law

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.

DeWitt v. Republic Nat. Bank of Dallas

168 S.W.2d 710 · Court of Appeals of Texas · Jan 8, 1943

We therefore overrule plaintiff’s contentions under consideration and hold that the several orders of the 95th District Court and of the 14th District, called in question, are valid and immune from the attacks made upon them … As the suit was not instituted until January 21, 1942, it follows that the right'of plaintiff, as receiver, to avoid the deed, if such right ever existed, was clearly barred prior to the institution of the suit.

Davis v. City of Grapevine

188 S.W.3d 748 · Court of Appeals of Texas · Mar 9, 2006

As held above, the City has failed to conclusively establish that Davis was not disabled within the meaning of Chapter 21 and that Davis was not a qualified individual for the job in question, in that he could perform the … Because the summary judgment proof establishes that Davis is not qualified for the position, the City has conclusively negated at least one element of Davis’ prima facie case of age discrimination.

Sparrow v. Tillman

283 S.W. 877 · Court of Appeals of Texas · Apr 15, 1926

The question as to whether a witness is qualified as an expert is largely within the discretion of the trial couit, and, unless it appears that his ruling is clearly wrong, the appellate courts will not disturb same. … Under the rule now established by the Supreme Court, where the suit is for unliquidated damages, unless the jury finds interest, same cannot be added to their verdict. St. L. & S. W. Ry. Co. v. Seale & Jones (Tex. Com.

Childs v. McGrew

171 S.W. 506 · Court of Appeals of Texas · Nov 19, 1914

He duly qualified with the other defendants above named as sureties on his bond. … The burden is upon the sureties on the bond to clearly establish their defense which would relieve them of liability (Bopp v. Hansford, 18 Tex. Civ. App. 340 , 45 S. W. 744 ), and this they have not done in this case.

In re Z.L.B.

56 S.W.3d 818 · Court of Appeals of Texas · Aug 29, 2001

In the third issue presented, appellant contends the trial court erred by admitting hearsay evidence that did not qualify as outcry testimony. … In effect, the State failed to establish the daycare director was a qualified outcry witness. Therefore, the trial court erred by admitting the daycare director’s hearsay testimony.

Little v. State ex rel. Parsell

75 Tex. 616 · Court of Appeals of Texas · Jan 21, 1890

The respondent had been declared elected, had qualified, and had entered upon the duties of the place. Relator’s offer to qualify under these circumstances would have been a very useless ceremony. … Section 15, article 5, of the Constitution provides that “thére shall be established in each county in this State a County Court, which shall be a court of record, and there shall be elected in each county by the qualified

Priester v. State

478 S.W.3d 826 · Court of Appeals of Texas · Sep 30, 2015

The prosecutor then argued that the evidence presented at trial clearly demonstrated that Appellant acted with an intent to cause Banks’ death or to cause serious bodily injury to Banks, by engaging in an act clearly dangerous … Bertram’s counsel further pointed out that he had requested a letter of immunity in exchange for his testimony, but the State had refused his request.

Ellis v. Holcombe

69 S.W.2d 449 · Court of Appeals of Texas · Feb 22, 1934

At the time of appellant's employment the charter of the city, by an amendment thereto which was adopted in 1913, created and established a civil service commission, composed of three resident citizens to be appointed by … We think the allegations of appellant's petition show that he is not an officer of the city, but a highly qualified expert employee working in the police department of the city.

Columbia Valley Healthcare System L.P. D/B/A Valley Regional Medical Center v. Maria Zamarripa, as Guardian of the Estates of Rey Francisco Ramirez and Rammy Justin Ramirez, Minors

520 S.W.3d 62 · Court of Appeals of Texas · Aug 31, 2015

The report and/or its accompanying curriculum vitae (CV) must also establish that the report's author is qualified to opine as an expert on the subject matter of the report. Leland v. Brandal, 217 S.W.3d 60, 62 (Tex. … A plaintiff offering expert medical testimony must establish that the report's author has expertise regarding “the specific issue before the court which would qualify the expert to give an opinion on that particular subject

International Security Life Insurance Co. v. Ramage

446 S.W.2d 944 · Court of Appeals of Texas · Jul 21, 1969

Now, may I qualify or say something here as a rule of thumb, we more or less take the charges that Blue Cross allows. … The usual and customary charges for like services and material furnished generally by the qualified hospital of confinement we think is sufficient when the witnesses are properly qualified to testify.

W. J. Williams, Inc. v. Cummings

65 S.W.2d 379 · Court of Appeals of Texas · Nov 8, 1933

He did not show himself to be qualified as an expert to pass on the value of Texas land; and if he had, still, where a vendor of land is called into court to be penalized for misrepresentations as to the value of land soid … by him more than a year and one-half before the time of the trial, the evidence should clearly and positively show the value of the land at the very time the sale was alleged to have been made.

Saros v. Strickland

148 S.W.2d 865 · Court of Appeals of Texas · Feb 15, 1941

When an executor or administrator sues, or is sued in his representative capacity, to establish or defend’ a claim or right in an estate, clearly the testimony of an heir relating to communications and transactions with the … Sam Saros sought only to establish his right to administer the estate perforce of a common-law marriage with the deceased.

Settlemire v. State

323 S.W.3d 520 · Court of Appeals of Texas · Jul 8, 2010

Additionally, documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records. Id. at 2532 n. 1. … We shall not construe Melendez-Diaz as doing what the Court clearly stated it was not doing. We hold that Settlemire’s rights of confrontation were not violated. We overruled Settlemire’s sole point. IV.

City of Dallas v. Ingram

284 S.W. 345 · Court of Appeals of Texas · May 5, 1926

The charter of the city of Dallas was granted by an act of the Legislature in 1907, and by that charter its governing body is authorized “to lay out, establish, open, alter, widen, lower, raise, extend, grade, narrow, care … This it clearly had the authority under the charter to do.

Commissioner of the General Land Office v. Sandridge Energy, Inc.

454 S.W.3d 603 · Court of Appeals of Texas · Nov 19, 2014

The issue is not whether firm transportation charges qualify generally as transportation costs. They clearly do. … SandRidge asserts that paragraph 4(B) is immune from paragraph 7’s "no deduction” language because 4(B) is a market value at the well clause.

Classified Parking System v. Kirby

507 S.W.2d 586 · Court of Appeals of Texas · Mar 20, 1974

White was called by appellee as an expert witness to establish the value of the car when it was recovered. … This was clearly erroneous. The entire theory upon which opinions of experts are received removes the requirement of actual personal knowledge as the basis of testimony.

Carney v. Aicklen

587 S.W.2d 507 · Court of Appeals of Texas · Aug 30, 1979

The evidence clearly indicates that the income from Mrs. Loud’s trust estate was sufficient to take care of her needs and therefore there was no necessity to obtain additional income. … By the sixth point, appellant contends that the trial court erred in denying her application for appointment because she contends the evidence conclusively establishes that she was qualified to be appointed guardian.

Anthony, John Dennis Clayton

Court of Appeals of Texas · Jun 30, 2015

Clearly, this request was broad enough to require the inclusion of one granted Motion. … Appellant respectfully contends that neither Trial Counsel nor the Honorable Judge from Bailey County is qualified as such an expert.

Sayles v. City of Abilene

290 S.W. 239 · Court of Appeals of Texas · Dec 3, 1926

voters had been obtained for the sale of a part of the waterworks system, because the petition clearly shows that the land sold was never a necessary part of such waterworks system. … Unless it clearly appears that appellant could not, without resorting to parol testimony, show the permit under consideration between the parties, his right to a hearing should not be denied by sustaining a demurrer.