Case law

Gregorio Garza v. Blue Cross and Blue Shield of Texas, Inc. And Group Life & Health Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Dec 2, 1999

Garza appeals now on three issues: (1) appellees did not establish as a matter of law the elements of official immunity; (2) affidavits filed in support of Appellees' motion are incompetent proof because, among other things … In these circumstances, it cannot be said as a matter of law that Appellees established their affirmative defense of official immunity. See NF Indust. v.

SSC Missouri City Operating Company, LP SSC Richmond Operating Company, LP HMG Park Manor of Quail Valley LLC Rosenberg Health & Rehabilitation Center LP and Nexion Health at Beechnut, Inc. v. Texas Department of Aging and Disability Services And Adelaide Horn, Individually and in Her Official Capacity as Commissioner of the Texas Department of Aging and Disability Services

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2009

Once certified, a nursing facility may apply to the Department for an allocation of Medicaid beds to provide nursing home services to qualified Texas citizens. Id. § 19.2322. … Nor do appellants’ provider agreements include any language clearly or unambiguously demonstrating that the Department granted a franchise to appellants by entering into such agreements.

Ex Parte Robert Burns Springsteen IV

Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2015

To qualify for compensation, an applicant must proceed and qualify under The Act itself.6 The UDJA cannot be used to bootstrap an attempt to qualify to receive compensation under The Act because a declaratory judgment … CONCLUSION AND PRAYER In conclusion, this court does not have jurisdiction over this action because Appellant failed to plead facts necessary to establish a waiver of sovereign immunity, has filed a defective pleading

Manor Independent School District v. Deydra Steans

Texas Court of Appeals, 3rd District (Austin) · May 15, 2015

This case does not qualify as an Emergency. … Clearly, the nature of the pleading was such to where it could have been filed within 180 days.

Susan Combs, in Her Official Capacity as Comptroller of Public Accounts for the State of Texas v. City of Webster, Webster Economic Development Corporation, City of Denton, City of Humble, City of Lewisville, City of Mesquite, City of North Richland Hills, City of Plano, City of Waco, Denton County Transportation Authority

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2009

This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer’s “purpose” for the location. … Appellees contend that the RoomStore warehouse does not qualify under the Comptroller’s own guidelines.

Chester William Ingram, Jr., M.D. v. Wayne Scott

Texas Court of Appeals, 3rd District (Austin) · May 11, 2000

We will first examine whether Scott established the affirmative defenses of official and sovereign immunity. Is Scott shielded by official and sovereign immunity? … It was Scott's burden to establish his entitlement to official immunity. See id . at 653. Scott presented no evidence or argument to establish the elements of the defense.

Susan Combs, in Her Official Capacity as Comptroller of Public Accounts for the State of Texas v. City of Webster, Webster Economic Development Corporation, City of Denton, City of Humble, City of Lewisville, City of Mesquite, City of North Richland Hills, City of Plano, City of Waco, Denton County Transportation Authority

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2009

This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer's "purpose" for the location. … Appellees contend that the RoomStore warehouse does not qualify under the Comptroller's own guidelines.

Strayhorn v. Raytheon E-Systems, Inc.

101 S.W.3d 558 · Texas Court of Appeals, 3rd District (Austin) · Mar 27, 2003

See id. § 29.303 (sales tax exemption for a contractor’s purchase charged to a contract “may not rest on the Government’s immunity from direct taxation by States and localities. … The claimant has the burden of clearly showing that it is entitled to the exemption. North Alamo Water Supply, 804 S.W.2d at 899 .

Kerrville State Hospital v. Clark

900 S.W.2d 425 · Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

sovereign immunity. … If Kerrville had prescribed no medication, we would clearly ■be under Kassen ⅛ non-use of tangible personal property standard.

Cottonwood Development Corporation v. Preston Hollow Capital, LLC; PHCC LLC; And Winstead, P.C.

Texas Court of Appeals, 3rd District (Austin) · Nov 27, 2024

As the summary-judgment movant on an affirmative defense, Winstead has the burden of conclusively establishing that attorney immunity bars Cottonwood’s recovery on its claims. See Taylor v. … Because Winstead conclusively established that attorney immunity bars Cottonwood’s recovery, summary judgment was proper. We overrule Cottonwood’s sixth and final issue.

the City of Austin D/B/A Austin Energy v. Liberty Mutual Insurance Travelers Lloyds of Texas Insurance Company Safeco Insurance Company of Indiana Travelers Commercial Insurance Company Travelers Casualty Insurance Company of America Elizabeth Harpine William McCurley

Texas Court of Appeals, 3rd District (Austin) · May 16, 2014

In its motion, the City asserted that appellees’ petitions did not sufficiently allege the “intent” and “public use” elements required for governmental action to qualify as a taking. … See Little-Tex Insulation Co., 39 S.W.3d at 598-99 (immunity retained in absence of properly pleaded takings claim); Carowest Land, Ltd., 2014 WL 1774535, at *6 (if plaintiff cannot establish viable takings claim against

Cliff Gustafson v. DeLoss Dodds

Texas Court of Appeals, 3rd District (Austin) · Apr 12, 2001

These facts are relevant because "'[w]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time … If official immunity existed only in the cramped sense used by the court of appeals, its qualified promise against personal civil liability to public officers would be hollow indeed.

Robertson County v. Wymola

17 S.W.3d 334 · Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2000

Because an award of prejudgment interest attempts to put a plaintiff back into her pre-injury position, we believe pre-judgment interest is properly a component of actual damages for which immunity has clearly been waived … In addition, no mention of immunity from interest was made in the County’s motion for new trial. A governmental entity’s immunity from suit is a jurisdictional issue that may be raised for the first time on appeal.

Texas Commission on Human Rights v. Morrison

346 S.W.3d 838 · Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2011

Sovereign immunity includes two distinct principles: immunity from suit and immunity from liability. Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004) (citing Texas Dep’t of Transp. v. … Garcia, 253 S.W.3d 653, 660 (Tex.2008) (agreeing that TCHRA “clearly and unambiguously waive[d] immunity”); see also Tex.

Hawkins v. El Paso First Health Plans, Inc.

214 S.W.3d 709 · Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

Rather, it is qualified by the requirement that a state opting to participate in Medicaid must fully comply with the federal statutes and regulations governing the program. See Schweiker v. … To qualify for federal assistance, a state must submit and have approved a "plan for medical assistance,” which must establish a scheme for reimbursing health care providers for medical services provided to Medicaid recipients

Susan Combs, Texas Comptroller of Public Accounts and the Office of the Comptroller of Public Accounts v. the Texas Civil Rights Project and Sarah Canright

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2013

immunity. … is on the government employee to establish all elements of the defense.

Canario's, Inc. v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2015

101 “not later than six months after the day that the incident giving rise to the claim occurred”). 3 The standards applied when reviewing a trial court’s decision on a plea to the jurisdiction are well established … It also argues that any function performed by its Planning and Development Review Department “qualified as a ‘planning’ function, protected by immunity.”5 We disagree.

WBD Oil & Gas Co. v. Railroad Commission of Texas

35 S.W.3d 34 · Texas Court of Appeals, 3rd District (Austin) · Jan 19, 2001

Again, the Panhandle Field rules clearly look to the future. … Many of the same reasons why the Panhandle Field rules qualify as “rules” are the same reasons why the proceeding does not qualify as a “contested case.”

Raggio-2204 Jesse Owens, LLC and Stacey R. Hammer v. Wayne Morgan; David M. Gottfried; J. Patrick Sutton; Stewart Title of Austin, LLC; Bockholt Realty, LLC; Brent Bockholt; And Susan Bockholt

Texas Court of Appeals, 3rd District (Austin) · Mar 20, 2026

Gottfried argues he is entitled to dismissal because he established the affirmative defense of attorney immunity. See Cantey Hanger, LLP v. … (“filing lawsuits and pleadings” qualify as conduct within scope of lawyer’s representation). 68  We hold that Gottfried has met his burden to establish an

Mark T. Holtzapple, Richard R. Davison, Bruce E. Dale and Texas a & M University System v. AFEX Corporation

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 1997

"Official immunity" is one of several interchangeable terms, including "quasi-judicial immunity," "qualified immunity," and "good-faith immunity," describing an affirmative defense for governmental employees sued in their … To be entitled to summary judgment on the basis of official immunity, a defendant must conclusively establish that a reasonably prudent person in the same or similar circumstances "could have believed" his actions to be lawful