Case law

Income Administrator Services, Inc. v. Samuel E. Payne

Texas Court of Appeals, 3rd District (Austin) · Dec 20, 2001

Plaintiff complied with this request because he believed that Defendant, his broker, was more experienced and qualified in real estate transactions. … Accordingly, we cannot say the district court clearly abused its discretion by awarding $165,136.95 in sanctions.

T. M. and J. R. v. Texas Department of Family and Protective Services

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

It is well-established that a parent’s illegal drug use may constitute endangerment. See id. … Even if we assume without deciding that it was legal for Mother to post the ads for escort services, the ads were clearly of a sexual nature, and Mother testified that she had earned money from providing the services advertised

Town Lake Joint Venture, Ron Mullen and Joseph E. Thompson v. Lumbermen's Investment Corporation

Texas Court of Appeals, 3rd District (Austin) · Jun 30, 1993

The end result of such a loan, the elimination of the liens on Town Lake's property, clearly would be a benefit of the anticipated joint venture. … They cite no authority for such a proposition, and caselaw clearly makes no such distinction. See Macgobar N. Am. v. Grasso Oilfield Servs., Inc. , 736 S.W.2d 787 (Tex. App.

Howard Clagett and Billy Clagett v. Henry Wendlandt, Jr.

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 1992

The corporation paved streets and established a private water supply system to the land. The land was platted for residential use and designated as Ryan Hills Subdivision. … Upon the record before us, Wendlandt clearly qualified as a consumer within the meaning of the DTPA. Point of error six is overruled. 4.

the University of Texas at Austin v. William A. Bellinghausen, Jr.

Texas Court of Appeals, 3rd District (Austin) · Feb 12, 2015

But few (if any) such elements can be said to pose the unreasonable danger required to waive the University’s immunity. … Moreover, as the photograph clearly indicates, the sidewalk imperfection was relatively minor and could easily be overlooked even at close range. App. D.

CONTROL v. Sentry

916 S.W.2d 677 · Texas Court of Appeals, 3rd District (Austin) · Mar 20, 1996

The Commission entered a final order denying Sentry's application based on the grounds that Sentry had not adequately characterized deep groundwater at the site and that Sentry had failed to establish that the operation of … Appellants unsuccessfully attempt to qualify as aggrieved parties under the APA. Accordingly, we overrule appellants' first point of error.

Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 16, 2015

A mark-up is established by performing a shelf test. … willfulness, and establishing an entirely new irrebuttable presumption standard of “gross underreporting”, thereby clearly shifting the burden of proof in direct conflict with legislative and statutory

Texas State Bank, San Angelo, Texas v. Hoolihan Ranch Company, a Partnership And Dwayne Davis, Russell Davis, Scott Davis and Greg Davis, Individually

Texas Court of Appeals, 3rd District (Austin) · Oct 12, 1994

However, the typewritten signature, without more, does not establish the disputed note as a partnership note or as a partnership obligation. … Charlie Davis, the sole signatory on the disputed note, certainly qualifies as a partner who possessed the appropriate authority to bind the partnership.

McKenna Memorial Hospital, Inc. And Robert Donovan Butter, D.O. v. Sandra Quinney

Texas Court of Appeals, 3rd District (Austin) · Nov 10, 2006

Lowry is not qualified to give an expert opinion on nursing care. … In Palacios , a case involving a patient's fall from a bed, the plaintiffs relied mainly on one statement in the expert report to establish the standard of care: "Mr.

McKenna Memorial Hospital, Inc. And Robert Donovan Butter, D.O. v. Sandra Quinney

Texas Court of Appeals, 3rd District (Austin) · Nov 10, 2006

Lowry is not qualified to give an expert opinion on nursing care. … In Palacios, a case involving a patient’s fall from a bed, the plaintiffs relied mainly on one statement in the expert report to establish the standard of care: “Mr.

Texas Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

240 S.W.3d 79 · Texas Court of Appeals, 3rd District (Austin) · Jul 20, 2007

The Board certifies each qualified applicant’s name to the supreme court, which issues the formal certification. Id. § 52.024. … exhausts its administrative remedies and brings an appeal as permitted by chapter 52; and (3) the UDJA does not confer additional subject-matter jurisdiction on the district court and, in any event, does not waive sovereign immunity

Stephen Armstrong, Jr. v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 15, 2021

the guilt of the actor, and circumstantial evidence alone can be sufficient to establish guilt.” … App. 2019) (Keller, J., dissenting) (recognizing that “at least one court of appeals has concluded that possession of a controlled substance can qualify as a result-oriented offense for the purpose of instructing the jury

G. W. Sneed v. Jackson National Life Distributors, Inc. D/B/A Jackson National Life Insurance

Texas Court of Appeals, 3rd District (Austin) · Aug 14, 2008

Although O.J.’s trial testimony was by itself sufficient to establish the elements of the offense, Chavez also stated that O.J. told her that Jurado had “put his private in her private,” and Hudson testified that O.J. had … In his statement, Jurado describes contact that he says might have occurred between himself and O.J. that qualifies as penetration under Texas law. See Vernon v. State, 841 S.W.2d 407, 409 (Tex. Crim.

Centerpoint Energy Houston Electric, LLC v. Gulf Coast Coalition of Cities

263 S.W.3d 448 · Texas Court of Appeals, 3rd District (Austin) · Jul 25, 2008

It is true, as Occidental urges, that the term “stranded costs” has a well-established technical meaning within PURA, as previously discussed. … To qualify under this subsection, a qualifying facility must have made substantially complete filings on or before December 31, 1999, for all necessary site-specific environmental permits under the rules of the Texas Natural

Michael Elroy Daniels, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 1995

A plea of guilty in a felony charge before a jury admits the existence of all facts necessary to establish guilt; the introduction of evidence by the State is to enable the jurors to intelligently exercise the discretion … An examination of the unobjected-to arguments now complained of by appellant reveals that the first argument was clearly a reasonable deduction from the evidence properly before the jury, and the other three arguments were

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. … The court wrote: Assuming that [Carr] could qualify as an Ainterested person@ within the Open Meetings Act, he could attack an action of a governmental body for violations of the Act only

Citizens Insurance Co. of America v. Hakim Daccach

105 S.W.3d 712 · Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2003

Repeated litigation over whether the CICA policies qualify as securities and whether they were sold from Texas would be a waste of judicial resources. … Clearly, the district court directed serious attention to the issue of a potential conflict of interest.

Samuel Jurado v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 14, 2008

s trial testimony was by itself sufficient to establish the elements of the offense, Chavez also stated that O.J. told her that Jurado had "put his private in her private," and Hudson testified that O.J. had consistently … In his statement, Jurado describes contact that he says might have occurred between himself and O.J. that qualifies as penetration under Texas law. See Vernon v. State , 841 S.W.2d 407, 409 (Tex. Crim.

Danny Ray Cline v. Texas Board of Criminal Justice, Texas Department of Criminal Justice, Alan Polunsky, and Wayne Scott

Texas Court of Appeals, 3rd District (Austin) · Apr 14, 2006

Cline argues that article 6181-1, section 4, as it read in 1986, was made part of his sentence and created a protected liberty interest in his earned GCT by its use of “explicitly mandatory language” and establishment of … Although the 1986 statutes used mandatory language in describing the rate at which inmates accrue GCT, depending on their classification, they also clearly provided that credits could be lost and that restoration of lost

John Sharp, Comptroller of Public Accounts of the State of Texas And Dan Morales, Attorney General of the State of Texas v. Amsco Steel Company

Texas Court of Appeals, 3rd District (Austin) · Feb 22, 1995

AMSCO'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.