Case law

Hamamcy v. Wyckoff Heights Hospital

786 S.W.2d 32 · Court of Appeals of Texas · Feb 13, 1990

In his sole point of error, appellant claims the trial court erred in granting a summary judg *33 ment in favor of appellee because appellee failed to establish its affirmative defense of qualified privilege as a matter of … Hamamcy must prove actual malice in the present case in order to prevail because of the defense of qualified privilege asserted by Wyckoff Heights Hospital.

Harrison County v. City of Marshall

253 S.W.2d 67 · Court of Appeals of Texas · Nov 14, 1952

A majority of said qualified voters voting in said election voted in favor of installing said parking meters on the square. … On the other hand, the county has no power or duties except those which are clearly set forth and defined by the Constitution and the State statutes. Mills County v.

McDonald v. Glitsch, Inc.

589 S.W.2d 554 · Court of Appeals of Texas · Nov 1, 1979

Cheatwood, 445 S.W.2d 513 (Tex.1969) said: The trial court granted defendant’s motion for summary judgment in this libel action, the proof establishing a qualified privilege of the defendant but standing silent as to the … Plaintiff’s written “Response” to defendants’ motion for summary judgment clearly and fairly raised the issue of malice. City of Houston v. Clear Creek Basin Authority, Tex., 589 S.W.2d 671 (1979).

Bradt v. State Bar of Texas

905 S.W.2d 756 · Court of Appeals of Texas · Aug 24, 1995

Summary judgment for a defendant is proper when the proof shows that no genuine issue of material fact exists on one or more of the essential elements of the plaintiffs cause of action, or when the defendant establishes each … In the case before us, the record clearly supports the court’s awarding of ap-pellee’s attorney’s fees under the provisions *760 contained in the Code.

Nueces County Appraisal District v. Diamond Shamrock Refining & Marketing Co.

853 S.W.2d 212 · Court of Appeals of Texas · Apr 29, 1993

Additionally, even if “in transit,” appellants contend that it was not automatically immune from taxation. … We reverse the judgment of the trial court and render that Diamond Shamrock’s property is not qualified as exempt property. Concurring opinion by DORSEY, J. Dissenting opinion by Assigned Justice GERALD T.

Bearden v. Texas Co.

41 S.W.2d 447 · Court of Appeals of Texas · May 30, 1931

then living and qualified shall qualify as executors and carry out the terms of this will; "It is my will that no other action shall be had in the court in the administration of my estate other than to prove and record this … But whether or not, under the decision last cited, that defense was likewise established against Lee O.

Cain v. Church

131 S.W.2d 400 · Court of Appeals of Texas · Jul 29, 1939

Arts. 1981 and 3314 R.S. clearly provide and contemplate that only the executor can maintain suit for the collection of debts due the. estate, and is entitled to the exclusive possession of all funds recovered for purposes … A surviving widow is not permitted to intervene in any such suit pending administration, claiming an interest in her own behalf, without setting up and establishing certain well-defined exceptions to the general rule that

Garitty v. Halbert

225 S.W. 196 · Court of Appeals of Texas · Nov 6, 1920

We think the universal rule to be derived from court decisions and other authorities is that courts will not enjoin the enactment of ordinances, either valid or invalid, unless it is made, clearly to appear that irreparable … At all events it is not a binding enactment until its enactment is completed, and until it is a binding enactment it retains its relationship to the political power, and is immune from the process of judicial authority.”

City of Belton v. Head

137 S.W. 417 · Court of Appeals of Texas · May 3, 1911

At the ensuing regular election, held April 6, 1909, appellee was elected mayor of said city, and qualified as such April 14, 19,09, since which time he has been acting as mayor of said city. … This last clause clearly indicates that said salary or compensation might be changed at any time, provided it is not done during the term for which said officer should be elected or appointed.

Sitterle v. Victoria Cold Storage Co.

33 S.W.2d 546 · Court of Appeals of Texas · Oct 22, 1930

governmental functions necessary to carry out the grant are administrative ; they rest peculiarly within the province of city councils; and the courts have no power to usurp those functions and set themselves up as -better qualified … In this view of tbe case it is perhaps true that the declaration in the ordinance ill question that slaughtering establishments within the city limits were nuisances was surplus-age, for clearly under the express grant tbe

Farley ex rel. Ballman v. M M Cattle Co.

515 S.W.2d 697 · Court of Appeals of Texas · Oct 21, 1974

Additionally, defendant contended that the plaintiff was barred from recovery by the fellow servant rule, parental immunity, or that negligence of Danny Beebe was established as a matter of law thereby constituting a new … The defendant objected to such question on the grounds that it called for an opinion and conclusion which the witness was not qualified to give.

Allied Underwriters v. Spillman

145 S.W.2d 703 · Court of Appeals of Texas · Nov 9, 1940

This allegation, if sustained by proof, clearly places the computation under subd. 2. … It clearly joins issues necessarily required to be proven; but, if it can be said that plaintiffs’ pleadings are imperfectly drawn, the defects are cured by the verdict of the jury, established by unchallenged and uncontroverted

Bowling v. City of Pearland

478 S.W.2d 143 · Court of Appeals of Texas · Mar 8, 1972

It is also an established rule that in the construction of one statute other statutes in pari mater-ia will be read and considered. … The provisions for the ballot to be used in the election on “such question” clearly relate to a charter commission election.

Van Grinderbeck v. Lewis

204 S.W. 1042 · Court of Appeals of Texas · Jun 8, 1918

Later he was appointed and qualified as permanent administrator. … These views are clearly authorized and sustained by the statute and decisions cited in the court’s opinion, and form in part the basis of the decision rendered.

Raymond Espinosa v. Aaron's Rents, Inc.

484 S.W.3d 533 · Court of Appeals of Texas · Jan 14, 2016

Accordingly, as an affirmative defense to this suit, Aaron’s was required to conclusively establish that (1) Espinosa asserted a legal position in this state court proceeding that is clearly inconsistent with his prior … Qualified privilege First, we determine whether the qualified privilege applies in our review of the summary judgment evidence.

Jones v. State Board of Trustees of the Employees Retirement System of Texas

505 S.W.2d 361 · Court of Appeals of Texas · Jan 31, 1974

Proper resolution of the question thus clearly presented requires careful study of the constitutional and statutory provisions involved. … We have examined these cases and find that they are clearly distinguishable from the factual situation here presented.

Lara v. Williams

986 S.W.2d 310 · Court of Appeals of Texas · Feb 18, 1999

The Establishment Issue Appellants argue that operation of the CEU constitutes an uMawful establishment of religion. See U.S. Const. amend. 1 (prohibiting laws respecting an establishment *318 of religion). … Appellants Huff and Flowers’ Points Point One: The trial court erred in granting summary judgment for the defendants because the summary judgment proof clearly demonstrates that the defendants denied Michael Lee Huffs Free

Walters v. Livingston

519 S.W.3d 658 · Court of Appeals of Texas · Feb 15, 2017

The pipe service shall be conducted by a qualified Native American chaplain or volunteer. … In reviewing a summary judgment, this court must apply the standards established in Nixon v. Mr.

Ponder v. Texarkana Memorial Hospital, Inc.

840 S.W.2d 476 · Court of Appeals of Texas · Nov 27, 1991

Jensens’ experience clearly qualified him to testify about brain function and the causes of damage to the brain. … A review of the record establishes that there was more than a scintilla of admitted evidence on the issues of hypocalcemia and dilantin toxicity. Dr.

Pullman Co. v. Berkman

70 S.W.2d 839 · Court of Appeals of Texas · May 4, 1934

The evidence clearly raised the issue that the negligence of appellee was “a proximate cause” of his injuries and it was an undue limitation upon the rights of appellant to limit its defense to “the sole proximate cause” … In view of the disposition we are making of this case, it is not necessary to discuss'appellant’s propositions that (a) it was entitled to an instructed verdict on the grounds that appellee failed to establish against it