Case law

Ruiz v. State

540 S.W.2d 809 · Court of Appeals of Texas · Aug 30, 1976

The appellant Ruiz, states that the judgment is clearly based on a legal theory contrary to the expressed provisions of the Texas Constitution and is, therefore, erroneous. … Ruiz stated that he did not have any voice in establishing policy and his duties were only to carry out the policies set up by the local school board and school administrators.

Estorque v. Schafer

302 S.W.3d 19 · Court of Appeals of Texas · Sep 17, 2009

The party offering the witness as an expert on causation must establish that the witness is qualified to testify under Texas Rule of Evidence *26 702. Mem’l Hermann Healthcare Sys. v. … To establish his qualifications, Dr.

Scalfi v. Graves

31 Tex. Civ. App. 667 · Court of Appeals of Texas · Mar 21, 1903

. *668 The verdict finding a breach .of the bond in September, 1901, in the sale of beer to Charley Graves, one of appellee’s minor sons, establishes the material allegations upon which recovery was had, since the sufficiency … Treating him, as he evidently was, as insolvent, we have a judgment against George Scalfi which is clearly valid and entirely sufficient to subject all his property, including firm assets, if any remained, to execution.

Southern Traction Co. v. Jones

209 S.W. 457 · Court of Appeals of Texas · Feb 19, 1919

of facts which, if true, would in law establish such plea, and instructing thorn that if they find such group of facts to be established by the evidence, to find for the defendant. … determine, does not seem to raise the issue that appellee was at the time of the accident intoxicated to such a degree as that he was incapable 'of exercising ordinary care and prudence for his own safety, which element is clearly

Morgan, Dewan

Court of Appeals of Texas · Oct 8, 2015

By disregarding established precedent, the Second Court of Appeals introduced needless confusion to the interpretation of a criminal statute. … In this case, prior to Appellant's break in, Regina's actions clearly demonstrated that Appellant's consent to enter had been effectively revoked.

Davis v. Victoria Land & Loan Co.

90 S.W.2d 300 · Court of Appeals of Texas · Jan 23, 1936

The evidence clearly shows that Halsey Davis was insolvent at the time he made the conveyance to his wife. … The rule seems to be well established both in the federal and state courts that the court which first acquires jurisdiction over property of the bankrupt may proceed to a final adjudication of the matter, notwithstanding

Robinson v. Hays

62 S.W.2d 1007 · Court of Appeals of Texas · Jul 20, 1933

It is a well-established principle of law that one who is a candidate for re-election at an election held to select his successor, and who is a party to-a contest to determine the validity or outcome of such election, cannot … Whether or not this rule would apply where the public interest is involved and the prior judgment was clearly contrary to law is a doubtful question.

Byrd Irr. Co. v. Smyth

157 S.W. 260 · Court of Appeals of Texas · Apr 2, 1913

When a witness has stated that he knows the market value of the property in question, he has prima facie qualified himself to state such value. … The charge is clearly subject to the first of the objections urged.

Halper v. University of the Incarnate Word

90 S.W.3d 842 · Court of Appeals of Texas · Sep 11, 2002

UIW responds that so long as UIW properly followed its procedures in making its decision not to grant tenure, UIW’s professional decision that Halper did not qualify for tenure is not subject to judicial review. … ‘The judicial inquiry is properly only whether the decision was made, wisely or not, by a specific exercise of professional judgment and on the basis of factors clearly bearing on the appropriateness *846 of conferring academic

Gaines v. Newbrough

12 Tex. Civ. App. 466 · Court of Appeals of Texas · Feb 29, 1896

We think that the act under consideration was clearly judicial, and not ministerial, in character. … What good reason can be advanced why the same immunity should not be extended to the members of the Commissioners Court?

Knapper v. State

629 S.W.2d 865 · Court of Appeals of Texas · Feb 18, 1982

Moreover, the officers’ actions in stopping appellant were clearly based upon reasonable, articulable suspicions and objective justifications in view of the circumstances, the officers’ experience, and the drug courier profile … In order to establish unlawful possession of a controlled substance the state must prove care, custody and control over the contraband and knowledge that the substance was contraband beyond a reasonable doubt.

Dupree v. Piggly Wiggly Shop Rite Foods, Inc.

542 S.W.2d 882 · Court of Appeals of Texas · Oct 14, 1976

The renewed motion for judgment clearly sets out the reason the findings should be disregarded. The appellant contended that the findings were against the law as it concerned this case. … Therefore, the second and third elements of the motion were clearly present. The only real question concerns the first element that the motion designate the findings to be disregarded.

State v. Rhine

255 S.W.3d 745 · Court of Appeals of Texas · May 1, 2008

We most recently [noted that] ... the Texas Legislature may delegate its powers to agencies established to carry out legislative purposes, as long as it establishes “reasonable standards to guide the entity to which the powers … . § 5.351 (Vernon 2000)); and (9) the Water Code does not waive TCEQ’s sovereign immunity from suit (See Tex. Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 859 (Tex.2002)).

Dallas County v. Crestview Corners Car Wash

370 S.W.3d 25 · Court of Appeals of Texas · Feb 16, 2012

has sovereign immunity. … The trial court observed that the County does have sovereign immunity and overruled the County’s later objection that counsel misstated the law of sovereign immunity.

San Antonio Independent School Dist. v. State Ex Rel. Dechman

173 S.W. 525 · Court of Appeals of Texas · Feb 17, 1915

No doubt, county schools "are institutions of the state established in the counties," as held in Delta County v. … successors shall have been elected and shall have qualified.

Bryant v. State

75 S.W.3d 628 · Court of Appeals of Texas · Apr 15, 2002

THE COURT: I think we’ve established what we need to establish here. During voir .dire, Spector told the jury, “I work for Larry Coker. He’s an attorney here in Tarrant County. … Rather, the record clearly reflects that the trial court appointed Coker.

Jennings v. Minco Technology Labs, Inc.

765 S.W.2d 497 · Court of Appeals of Texas · Jan 18, 1989

of its products, and the health and safety of all its employees. 1 The findings of fact also establish the various features of the plan. … The Court reasoned that the new cause of action, for “wrongful discharge,” was necessary to secure obedience to the criminal statutes of Texas and the United States; that the “at will” employment relation had not been immune

Standard Motor Company v. Blood

380 S.W.2d 651 · Court of Appeals of Texas · Jun 11, 1964

The difference in conditions was clearly shown by the evidence. It is not essential that the conditions of the occurrence and the experiment be identical. … While the evidence shows that the manufacturer of the hose had established inspection procedures calculated to meet high standards of quality required by appellant, it appears to be well established that appellant has an

Meyer Bros. Drug Co. v. Madden-Graham & Co.

45 Tex. Civ. App. 74 · Court of Appeals of Texas · Jan 19, 1907

The matter to which the testimony related was the subject of expert testimony and the several witnesses sufficiently qualified to testify as such. … The rule is firmly established in this State, that an Appellate Court is not authorized to disturb the verdict of a jury where there is any evidence to support it.

Eoff v. Pace

25 S.W.2d 264 · Court of Appeals of Texas · Feb 7, 1930

Pace is the duly appointed, qualified, and acting receiver of Mary Eoff and of her property, and, as such receiver, is duly authorized to act in all matters involved herein. … By a well-established rule of construction, the omitted provision was annulled.