Case law

MedCost, 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.

Robert Rojas, Sr. v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Feb 12, 1998

to be established. … Section 161.001 of the Family Code establishes the requirements for involuntary termination of a person's parental rights.

City of Waco v. Texas Natural Resource Conservation Commission And Jeffrey A. Saitas, as Executive Director

Texas Court of Appeals, 3rd District (Austin) · May 9, 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.").

Zinger v. State

899 S.W.2d 423 · Texas Court of Appeals, 3rd District (Austin) · May 24, 1995

Perelman-Hall is a qualified clinical psychologist who has examined hundreds of children and adolescents with PTSD. … Further evidence established that the victim made his initial outcry to his mother in March of 1992.

Blake Taylor v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

Thereafter, appellant qualified Troy Walden as a HGN test expert. … Rudacille testified at the hearing but her whereabouts on the trial date was not established.

Charles Scott Harnett v. State

Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2000

The Court: Clearly. Mr. Noble (prosecutor): I instructed the witness not to talk about any other incidents. The Court: I understand. It’s a universal problem. … As the rule itself requires, the proponent of the testimony must establish (1) that the scientific technical, or other specialized knowledge will aid the trier of fact, and (2) that the expert is qualified to testify on

Charles Scott Harnett v. State

Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2000

Appellant established that Moritz had not done any post-graduate work in counseling and was not a licensed professional counselor. … As the rule itself requires, the proponent of the testimony must establish (1) that the scientific technical, or other specialized knowledge will aid the trier of fact, and (2) that the expert is qualified to testify on the

Ronald Grey v. State

Texas 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 .

W. W. Masonry, Inc. v. W. Bailey Elliott, Inc., Hartford Casualty Insurance Company, Security National Insurance Company, Lake Travis Independent School District & Trinity Company

Texas Court of Appeals, 3rd District (Austin) · Feb 12, 1992

We must determine whether the evidence supporting the finding is so weak or the evidence to the contrary so overwhelming that the challenged finding is clearly wrong and manifestly unjust. Cain v. … Rather, the evidence that established that W. W. Masonry's claim was not timely filed was introduced by W. W. Masonry's own counsel. The twentieth point of error is overruled. In its twenty-first point of error, W. W.

Hooper v. State

106 S.W.3d 270 · Texas Court of Appeals, 3rd District (Austin) · May 22, 2003

When words are not defined in a statute, they are ordinarily given their plain meaning unless the statute clearly shows that they were used in some other sense. Daniels v. … Furthermore, the statute establishes determinate guidelines for law enforcement. Grayned, 408 U.S. at 108-09, 92 S.Ct. 2294 .

Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Authority The Attorney General of Texas Canyon Regional Water Authority The Texas Natural Resource Conservation Commission Bexar Metropolitan Water District San Antonio Water System City of Boerne And City of Fair Oaks Ranch

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

But this reasoning conflicts with the well established principle that an agency's final order, like the final judgment of a court of law, is immune from collateral attack. See Alamo Express, Inc. v. … We note that this claim is made despite the fact that the notice clearly lists Bexar County among the counties considered for the treated water supply. 11.

Texas Workers' Compensation Insurance Facility v. Personnel Services, Inc.

895 S.W.2d 889 · Texas Court of Appeals, 3rd District (Austin) · Mar 29, 1995

To establish waiver, PSI had to show that the Facility (1) had an existing legal right, (2) which it knew of at the time of the alleged waiver, and (3) that it intended to relinquish that right. See Braugh v. … There is no evidence that with full knowledge of all material facts that constituted the fraud, the Facility clearly manifested its intention to waive its right to recover for PSI’s deception. See Viracola v.

William Travis Light v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 15, 1999

The case law clearly holds the error here was jurisdictional, thus Jacks is inapplicable. We reject the State's argument that appellant somehow failed to preserve error. … The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail.

Sean Patrick Bunker v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2021

To qualify as an express waiver, there must be an “intentional relinquishment or abandonment of a known right or privilege.” Marin v. State, 851 S.W.2d 275, 279 (Tex. Crim. … Accordingly, “we reverse only when the trial judge’s decision was so clearly wrong as to lie outside that zone within which reasonable persons might disagree.” Gonzalez v. State, 304 S.W.3d 838, 842 (Tex. Crim.

Coldwell Banker/Richard Smith Realtors, Pat Van Hoy and Gretchen Woellner v. Joyce D. Kubala and Edward F. Kubala

Texas Court of Appeals, 3rd District (Austin) · Sep 16, 1999

The supreme court has recognized two requirements that must be established for a person to qualify as a consumer: (1) "the person must have sought or acquired goods or services by purchase or lease"; and (2) "the goods or … Kubala by Woellner clearly stated that Van Hoy represented Relph.

the City of Fort Worth and Gary W. Jackson v. John W. Cornyn, Attorney General of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2002

In its brief, as in the court below, the City relies on Fort Worth Police Chief Ralph Mendoza=s affidavit to establish that the requested documents are exempt from disclosure. … When a police department acts as an employer, its concerns are similar to those of other governmental agenciesCto hire the most qualified applicantsCand, when acting in such a capacity, its activities do not Arelate to

in Re Elderidge Vanderhorst Hills

Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2010

In April 2008, Holmes filed a motion for genetic testing of the children, which established Holmes’s paternity as to the four children. … —For purposes of this subtitle, the term “dependent” means— (1) a qualifying child . . . . ... (c) Qualifying child.—For purposes of this section— (1) In general.

Blake Taylor v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

Rudacille testified at the hearing but her whereabouts on the trial date was not established. … The interrogation concluded without the prosecutor establishing his suggestion.

Sharp v. Caterpillar, Inc.

932 S.W.2d 230 · Texas Court of Appeals, 3rd District (Austin) · Nov 20, 1996

Caterpillar’s liability cannot qualify as debt because it is not a “certain amount of money.” Id. § 171.109(a)(3) (emphasis added). … Both parties agree that Caterpillar provides its post-retirement benefits pursuant to a plan covered by ERISA, and the Tax Code clearly qualifies as an applicable state law.

Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera

Texas Court of Appeals, 3rd District (Austin) · Dec 21, 2015

qualified). … Timberlawn asserts Levine's revised report and curriculum vitae do not establish he is qualified to render an opinion as to causation, and the revised report is inadequate and conclusory as to that issue