Case law

Bone v. Black

174 S.W. 971 · Court of Appeals of Texas · Feb 27, 1915

, to determine whether the qualified voters desire the issuance of bonds mentioned in the petition. … The statute in this instance does not expressly provide that the trustees shall not create a deficiency debt, but the Constitution and the statutes clearly imply such a prohibition.

Morris v. JTM Materials, Inc.

78 S.W.3d 28 · Court of Appeals of Texas · Jul 18, 2002

established. … Because the trial court clearly considered Largent’s affidavits in reevaluating whether its summary judgment for JTM was proper, and in denying a new trial, we likewise consider them.

Parker v. Dallas Hunting and Fishing Club

463 S.W.2d 496 · Court of Appeals of Texas · Jan 22, 1971

“To make the citizen liable to be mulcted in damages for an honest discharge of duty, is to give immunity to crime, and to weaken the restraining power of the criminal law, thereby endangering the security of law abiding … We think that the record in this case clearly demonstrates that the trial court correctly implemented the salutory provisions of Rule 166-A, Vernon’s Texas Rules of Civil Procedure.

Lingwiler v. Lingwiler

204 S.W. 785 · Court of Appeals of Texas · Jun 22, 1918

After alleging the grounds upon which the divorce was asked and that appellee was better qualified in every way to -care for, maintain, and educate the children, appellee charged, in effect, that it was his belief that appellant … This affidavit, under the statute and several decisions of the appellate courts of this state, is clearly insufficient to authorize the action of the court and alone entitles appellant' to a dissolution of the. in junction

Pritchett v. State

874 S.W.2d 168 · Court of Appeals of Texas · Mar 31, 1994

He initially argues that the statement is hearsay, and does not qualify for any of the exceptions to the hearsay prohibition. … While we do not find that appellant’s statement definitively established awareness of his culpability, we do find that the statement meets the statutory definition of relevant evidence.

Texas Entertainment Ass'n v. Combs

431 S.W.3d 790 · Court of Appeals of Texas · May 9, 2014

Furthermore, the record clearly demonstrates that the Comptroller preserved its argument that the sexually-oriented-business tax is a general excise tax at trial. 4 See Tex. *797 R.App. … A party’s burden to establish that the Texas Constitution affords greater free-speech protection than the First Amendment is thoroughly discussed in Commission for Lawyer Discipline v.

Dow v. American Liberty Oil Co.

83 S.W.2d 401 · Court of Appeals of Texas · May 8, 1935

That is to say — Did he fix and establish said S. … The court in qualifying this bill of exception, among other things, stated: “The court knew from the previous arguments made to it what counsel was going to tell the jury.

State v. Morales

844 S.W.2d 885 · Court of Appeals of Texas · Feb 3, 1993

The statements in question do not qualify under the “res ges-tae” exception. … Appellee had the opportunity to cross-examine Eckstrom but he was unable to establish any evidence raising the issue of self-defense.

Willrich v. M.D. Anderson Hospital & Tumor Institute

1 S.W.3d 831 · Court of Appeals of Texas · Aug 31, 1999

A defendant who moves for summary judgment has the burden of either establishing a defense as a matter of law or disproving as a matter of law at least one element of each of the plaintiffs causes of action. Rosas v. … In reviewing the judgment following a bench trial, the Eighth Circuit would affirm the judgment of the trial court unless it found that the trial court’s judgment was “clearly erroneous.” Johnson, 646 F.2d at 1254 .

Big Bend Flying Service, Inc. v. Hinojos

489 S.W.2d 694 · Court of Appeals of Texas · Jan 10, 1973

I don’t remember very clearly whether it was that day very early or another day.” Other testimony reveals that this was the same day. … William Champion, who was not qualified to give a medical opinion on deceased’s cause of death. Dr. Frederick Bornstein, a pathologist, testified that in his opinion the deceased died from a mesenteric thrombosis. Mr.

County Board of School Trustees of Young County v. Bullock Common School Dist. No. 12

37 S.W.2d 829 · Court of Appeals of Texas · Jan 3, 1931

Fraud in securing the signatures to the petition, and that the voters were not qualified. 3. … , and without doubt it may establish such administrative agencies as may be necessary to attain the end in view, which was a general diffusion of knowledge among our people.

C. R. Miller Mfg. Co. v. Rogers

281 S.W. 596 · Court of Appeals of Texas · Feb 27, 1926

The freedom of speech guaranteed by section 8, and the right to life, liberty, property, privileges, and immunities, guaranteed by section 19, are not antagonistic or repugnant, nor should they be construed as destructive … While the evidence of appellant established the existence of the facts alleged in the petition, the evidence offered by appellee clearly exonerated him from the commission or threatened commission of the acts so alleged.

Collier v. Allstate County Mutual Insurance Co.

64 S.W.3d 54 · Court of Appeals of Texas · Jun 7, 2001

—Fort Worth 1996, writ denied); see also King, 27 S.W.3d at 121 (holding allegations that employee “negligently” attacked plaintiff and kicked him in face clearly set forth intentional conduct not constituting a covered “ … Applying the reasoning of those cases to the facts alleged, there was clearly no “accident.” Dunn’s pleadings allege, at best, that both Cook and Collier’s actions were voluntary and intentional.

Texas Co. v. Brown

82 S.W.2d 1101 · Court of Appeals of Texas · May 1, 1935

The photograph also clearly showed' the burning flare near the well. … The witness qualified as an expert in matters pertaining to natural gas. The testimony was clearly admissible.

In the Interest of C.M.V.

136 S.W.3d 280 · Court of Appeals of Texas · Mar 31, 2004

The court stated the law is clearly defined; the children go to their father, as opposed to their grandparents, “unless they’re being beaten or something.” … To establish standing, the pleader is required to allege facts affirmatively establishing the trial court’s jurisdiction to hear the cause. Texas Ass’n of Bus. v.

Ferguson v. Ferguson

13 S.W.2d 456 · Court of Appeals of Texas · Jan 17, 1929

The record clearly sustains the conclusion that the appellee was legally appointed temporary administrator of the estate of Mrs. … Morton; that he had qualified as such, and that he was charged with the duty of pre^ serving the estate.

Flores v. Riveria

473 S.W.2d 613 · Court of Appeals of Texas · Nov 22, 1971

The determination of the weight and credibility of the testimony of the parties to the action and various other witnesses and evidence was clearly for the trial court. … Also, under Section 110 of the Texas Probate Code, V.A.T.S., in order for a person to qualify as a guardian it must be shown that he is a competent person of sound judgment.

Burleson v. State

802 S.W.2d 429 · Court of Appeals of Texas · Jan 25, 1991

Again, we note that neither the objection nor Burleson’s brief clearly states what kind of “documentation of the facts” was lacking. … Stressing our previous finding that Benson was qualified as an expert, we note that he was qualified to give his opinion as to the number of records missing from the payroll commission file and did not have to base his opinion

Brumfield v. Ruyle

270 S.W.3d 597 · Court of Appeals of Texas · Apr 5, 2007

Valencia with an expert report or curriculum vitae from a qualified physician by this deadline. Nor did she furnish an amended expert report from Dr. … Valencia’s use of steroid treatment for Brumfield could have affected the healing of her left elbow by suppressing her immune system. Dr.

Burgess v. State

313 S.W.3d 844 · Court of Appeals of Texas · May 13, 2010

A year later, the supreme court reiterated that an order adopted by a commissioners court is generally considered immune from collateral attack unless it is “wholly void” and an “absolute nullity” and that “every departure … For instance, the qualifying power of attorney says that Burgess may affix the seal of Seneca Insurance Co., Inc. on “all documents necessary or incidental to the execution of bail bonds.” 7 .