Case law
Opinions from 1658 to today.
2,255 results
0.31s
Texas Court of Appeals, 3rd District (Austin) · Apr 22, 2004
Discussion Summary judgment is appropriate when it clearly appears that only a question of law is involved in the decision and there is no genuine fact issue. Rhone-Poulenc, Inc. v. … Arce , 997 S.W.2d 229, 236 (Tex. 1999) (expert affidavit must have reasoned basis which the expert, because of his knowledge, skill, experience, training, or education, is qualified to state).
Cited 0 timesPublished893 S.W.2d 742 · Texas Court of Appeals, 3rd District (Austin) · Mar 29, 1995
AM-SCO’s original refund claim on January 8, 1990 was clearly within the limitations period for both 1986 and 1987. … Such a construction is contrary to the purpose of the statute of limitations, which is to establish a point of repose and to terminate stale claims. Murray v.
Cited 8 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 22, 2004
When an easement is susceptible to only one reasonable, definite interpretation after applying established rules of contract construction, we are obligated to construe it as a matter … Arce, 997 S.W.2d 229, 236 (Tex. 1999) (expert affidavit must have reasoned basis which the expert, because of his knowledge, skill, experience, training, or education, is qualified to state).
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 24, 2008
The system established by SB 14 was to be implemented in three phases. … Such an interpretation would lead to the conclusion that TDI could simply refuse to hold administrative hearings and then issue an order that would be immune from judicial review, a result that could hardly be contemplated
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Sep 10, 2010
or judicial consequences of their acts" or so authorized, licensed, or immunized Marathon. … error of law; (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (6) are arbitrary or capricious or characterized by abuse of discretion or clearly
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 26, 2008
the predecessor to Rule 33.1, "no technical considerations or form of words" are necessary and that all that is required is to "let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly … Both Woods, as the custodian of records, and Bassy, as the witness who performed the test, were qualified to testify to the authenticated records. Tex. R.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 24, 2012
It is undisputed that Chewco did not in fact have the 5 required 3% independent equity at risk to qualify for off-balance-sheet treatment in 1997 and 1998. … Ultimately, in 2001, when Bauer saw for the first time a side agreement that clearly showed Chewco did not qualify as an SPE, he informed Enron management that the financial statements for 1997 and 1998 had to be restated
Cited 0 timesPublishedCity of Waco v. Texas Natural Resource Conservation Commission
83 S.W.3d 169 · Texas Court of Appeals, 3rd District (Austin) · Jun 21, 2002
More than three years after the TNRCC identified the watershed as impaired, the TNRCC had still not established a TMDL plan. … Moore's suit was not barred by sovereign immunity.").
Cited 67 timesPublishedNancy Jo Rodriguez v. the Walgreen Company and Sara Elizabeth McGuire
Texas Court of Appeals, 3rd District (Austin) · Feb 23, 2015
Breall, M.D., which clearly apprise Appellees of the claims asserted against them 6 and inform the court that the claims are not frivolous … test of an expert’s qualifications is not whether the 11 expert has the same practice as the Defendant; instead, the offering party must establish
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 24, 2012
It is undisputed that Chewco did not in fact have the required 3% independent equity at risk to qualify for off-balance-sheet treatment in 1997 and 1998. … Ultimately, in 2001, when Bauer saw for the first time a side agreement that clearly showed Chewco did not qualify as an SPE, he informed Enron management that the financial statements for 1997 and 1998 had to be restated
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 9, 2010
P. 33.1(a) (record must show complaint was clearly and specifically raised before trial court); Arkoma Basin Exploration Co. v. … Appellant contends that the allegations in her and her husband’s affidavit were not controverted at the hearing and that the only evidence produced at the hearing further establishes her indigence and inability to pay for
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 22, 2009
Facts that are alleged by both parties or admitted in trial pleadings are established as a matter of law and do not require further proof. See Shepherd v. … And at the same time that the defendants appeal the denial of qualified immunity on the two 1983 and the Fifth Circuit considers it all at once and decides if there
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 22, 2009
Facts that are alleged by both parties or admitted in trial pleadings are established as a matter of law and do not require further proof. See Shepherd v. … And at the same time that the defendants appeal the denial of qualified immunity on the two 1983 and the Fifth Circuit considers it all at once and decides if there's any part of it that they want to let go or not.
Cited 0 timesPublishedMedCost, L.L.C. v. Robert Loiseau, Special Deputy Receiver of American Benefit Plans
Texas Court of Appeals, 3rd District (Austin) · May 26, 2005
(a) It is a state concern that many residents of this state hold insurance policies issued by persons or insurers who are not authorized to do insurance business in this state and who are not qualified … That MedCost’s relationships with the Texas entities were established through third- party entities does not provide it immunity from suit in Texas, where hundreds of thousands of dollars have been lost.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 30, 2023
Thereafter, Sonnenschein and his wife established a Massachusetts law firm and practiced law for more than five years. … In October 2019, Susan Henricks, the Board’s Executive Director, sent Sonnenschein a Summary Letter explaining why he did not qualify for admission without taking the bar examination under Rule 13—because “the JD [he] earned
Cited 0 timesPublishedMedCost, L.L.C. v. Robert Loiseau, Special Deputy Receiver of American Benefit Plans
Texas Court of Appeals, 3rd District (Austin) · May 26, 2005
policy and statute's purpose: (a) It is a state concern that many residents of this state hold insurance policies issued by persons or insurers who are not authorized to do insurance business in this state and who are not qualified … That MedCost's relationships with the Texas entities were established through third-party entities does not provide it immunity from suit in Texas, where hundreds of thousands of dollars have been lost.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 4, 2009
The rock is clearly visible in the video recording of the incident made by equipment in Sablotne’s patrol car. … It was the State’s burden, as the proponent of the challenged evidence, to establish its admissibility. Id.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 3, 2015
In contrast, the Comptroller urged in his motion for summary judgment that the sale of the airplane did not qualify under the exemption because the evidence, including the testimony from Holland, conclusively established … that the plane was not a qualifying operating asset.
Cited 0 timesPublished228 S.W.3d 349 · Texas Court of Appeals, 3rd District (Austin) · May 24, 2007
A party seeking arbitration must establish its right to arbitration under a contract. Weekley Homes, Inc. v. Jennings, 936 S.W.2d 16, 18 (Tex.App.-San Antonio 1996, writ denied) (Weekley I). … Here, the parties agreed to conditions precedent before arbitration can take place and, by placing those conditions in the contract, the parties clearly intended to make arbitration a dispute resolution mechanism of last
Cited 19 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 16, 1995
The established test for determining whether a transaction is subject to sales tax involves the determination of the ultimate object or the essence of the transaction. Bullock v. … taxable and others of which are clearly exempted from sales tax.
Cited 0 timesPublished
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