Case law
Opinions from 1658 to today.
2,255 results
1.08s
TRUDY'S TEXAS STAR, INC. v. City of Austin
307 S.W.3d 894 · Texas Court of Appeals, 3rd District (Austin) · Mar 12, 2010
City of Mexia, 197 S.W.3d 325, 331-32 (Tex.2006) (sovereign immunity “remains firmly established, and as it has come to be applied to the various governmental entities in this State, an important purpose is pragmatic: to … The supreme court stressed that the exception is available “only in exceptional cases where the circumstances clearly demand its application to prevent manifest injustice.” Id.
Cited 58 timesPublishedTexas Commission on Environmental Quality v. Sierra Club and Ken Paxton, Attorney General of Texas
Texas Court of Appeals, 3rd District (Austin) · Nov 22, 2022
. § 552.321 (waiving sovereign immunity for requestor seeking mandamus to compel disclosure). The Sierra Club and the Commission filed competing motions for summary judgment. … The privilege, however, is qualified; it is not absolute. Federal Trade Comm’n v. Warner Commc’ns Inc., 742 F.2d 1156, 1161 (9th Cir. 1984).
Cited 0 timesPublishedSung Wan Jun v. Lloyds & Other Various Insurers
37 S.W.3d 59 · Texas Court of Appeals, 3rd District (Austin) · Nov 9, 2000
Such a person or organization qualifies as an insured only if “the actual operation [was] with the expressed permission of’ Aero. … CONCLUSION The summary judgment record conclusively establishes that appellants’ judgment debtor, Miikkulainen, was not an insured under the Lloyds policy.
Cited 16 timesPublishedCity Public Service Board v. Public Utility Commission
9 S.W.3d 868 · Texas Court of Appeals, 3rd District (Austin) · Jan 6, 2000
(b) The commission shall ensure that an electric utility provides nondiscriminatory access to transmission service for qualifying facilities, exempt wholesale generators, power marketers, and other electric utilities. … The thrust of San Antonio’s argument suggests that although the legislature clearly contemplated a role for the PUC in encouraging competition in the wholesale electricity market, the PUC’s role was limited to that of an
Cited 25 timesPublishedVirginia Trevino and Juan Trevino v. Texas Department of Protective and Regulatory Services
Texas Court of Appeals, 3rd District (Austin) · Feb 22, 2002
She said she was not qualified to give an expert opinion as to the children's psychological states. … In small, more rural counties, it might be impossible to establish a pool of volunteers qualified under section 107.006.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 20, 2012
Consequently, the Comptroller asserted, the Assignees have failed to comply with the statutory requirements to waive sovereign immunity for tax-refund suits. … "When a statute clearly limits the relief which may be given in a particular situation, a judgment which attempts to give relief other than that authorized is void. . . .
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 20, 2012
Consequently, the Comptroller asserted, the Assignees have failed to comply with the statutory requirements to waive sovereign immunity for tax-refund suits. … “When a statute clearly limits the relief which may be given in a particular situation, a judgment which attempts to give relief other than that authorized is void. . . .
Cited 0 timesPublishedShamark Smith Limited Partnership, Sharon D. Marcus, and Paul J. Smith v. Martin M. Longoria
Texas Court of Appeals, 3rd District (Austin) · Apr 6, 2015
The 21st Judicial District If a defendant establishes a qualified Court, Bastrop County, Terry L. … Hufo Oils, 855 F.2d 1106, 1124 ing objections both to clearly designate the (5th Cir.1988)).
Cited 0 timesPublishedJohn Anthony Hernandez v. State
Texas Court of Appeals, 3rd District (Austin) · Jan 26, 2006
that the expert is qualified to testify on the subject. … Counsel sought to establish that Correa was “friendly” and not “aggressive” or “rude.”
Cited 0 timesPublishedRandy F. McCollough v. Cherie McCollough
Texas Court of Appeals, 3rd District (Austin) · Aug 25, 2006
And the legislature authorized such "maintenance" in the context of a well-established legal distinction between court-ordered alimony (which was held to be impermissible) and alimony by agreement (which, even when incorporated … McCOLLOUGH, Paying Party, are intended to qualify as contractual alimony as that term is defined in . . . [the Internal Revenue Code] . . . .
Cited 0 timesPublishedRandy F. McCollough v. Cherie McCollough
Texas Court of Appeals, 3rd District (Austin) · Aug 25, 2006
And the legislature authorized such “maintenance” in the context of a well-established legal distinction between court-ordered alimony (which was held to be impermissible) and alimony by agreement (which, even when incorporated … McCOLLOUGH, Paying Party, are intended to qualify as contractual alimony as that term is defined in . . . [the Internal Revenue Code] . . . .
Cited 0 timesPublished191 S.W.3d 242 · Texas Court of Appeals, 3rd District (Austin) · Mar 22, 2006
The facts of this case are clearly distinguishable from those in the plurality opinion in Blue v. State, 41 S.W.3d 129 (Tex.Crim.App.2000). The second point of error is overruled. … The guardianship proceedings were later dismissed because the guardian, appellant’s sister, failed to qualify.
Cited 111 timesPublishedBD. OF PUBLIC ACCOUNTANCY v. Bass
366 S.W.3d 751 · Texas 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) · Feb 22, 2013
Consequently, the Comptroller asserted, the Assignees have failed to comply with the statutory requirements to waive sovereign immunity for tax-refund suits. … “When a statute clearly limits the relief which may be given in a particular situation, a judgment which attempts to give relief other than that authorized is void. . . .
Cited 0 timesPublishedJohn Anthony Hernandez v. State
Texas Court of Appeals, 3rd District (Austin) · Jan 26, 2006
that the expert is qualified to testify on the subject. … Counsel sought to establish that Correa was "friendly" and not "aggressive" or "rude."
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 21, 2002
Stanley’s affidavit does not clearly contradict his earlier deposition testimony; it merely states in less equivocal terms his expert opinion. … To establish entitlement to a grace period, the movant must provide some excuse justifying the delay so that the district court can determine whether the excuse qualifies as an accident or mistake. See Finley v.
Cited 0 timesPublishedJose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity
Texas Court of Appeals, 3rd District (Austin) · Mar 9, 2015
of the Texas Constitution; 2- The Defendants waived sovereign immunity pursuant to the US Constitution Fourth, Fifth and Fourteenth Amendments; 3- The Defendants waived immunity pursuant to Section 2001.038 … The Defendants must prove that the Texas legislature has clearly indicated that failure to sue the Physician Assistant Board (PAB) is jurisdictional89. They have failed or refused to do so.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 21, 2002
To establish entitlement to a grace period, the movant must provide some excuse justifying the delay so that the district court can determine whether the excuse qualifies as an accident or mistake. See Finley v. … Stanley's affidavit does not clearly contradict his earlier deposition testimony; it merely states in less equivocal terms his expert opinion.
Cited 0 timesPublishedHartwin Ray Peterson, Jr. v. Texas Commerce Bank-Austin, National Association
Texas Court of Appeals, 3rd District (Austin) · Nov 16, 1994
If there is no evidence to support the non-finding, we must then examine the entire record to see if the contrary proposition is established as a matter of law. Sterner v. … Such inconsistencies are clearly relevant to the assessment of his later claim to be a salaried employee of his brother.
Cited 0 timesPublished986 S.W.2d 806 · Texas Court of Appeals, 3rd District (Austin) · Feb 25, 1999
Appellant's statements clearly satisfy this standard, corroborating both J.L.'s and C.S.'s testimony. See Ware v. … J.L. was granted testimonial immunity for his testimony. [5] The Family Code instructs the trial court as follows: (b) At the beginning of the adjudication hearing, the juvenile court judge shall explain to the child and
Cited 0 timesPublished
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