Case law

Warren Chevrolet, Inc., D/B/A Green Family Chevrolet, F/K/A Green Chevrolet Chrysler v. Talam Jamal Qatato

Texas Court of Appeals, 3rd District (Austin) · Dec 21, 2018

When reviewing the factual sufficiency of the evidence, courts consider and weigh all of the evidence in the record, and set aside the finding only if the evidence supporting the finding is so weak as to be clearly wrong … The warranty further specifies that “[a]ll GM dealers are authorized to perform qualifying warranty repairs on Certified Pre-Owned vehicles.”

Martha Flores, Individually and A/N/F of Alicia Flores, Teresa K. Knobles, Consuelo Walker, Individually and as Representative of the Estate of Consuelo Flores, and Manuel Flores v. Daryl Eakin, M.D. Lone Star Oncology Consultants, L.L.P. And Round Rock Hospital, Inc. D/B/A Round Rock Hospital

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2008

Clearly, that is not the case. A trial court’s decision to admit or exclude expert testimony is reviewed for abuse of discretion. Helena Chem. Co. v. Wilkins, 47 S.W.3d 486, 499 (Tex. 2001). … Expert testimony is admissible if (1) the expert is qualified, and (2) the testimony is relevant and based on a reliable foundation. Wilkins, 47 S.W.3d at 499; Robinson, 923 S.W.2d at 556.

William M. Sawyer and Sharyn Sawyer v. Stephanie Antoinette Valderaz

Texas Court of Appeals, 3rd District (Austin) · Oct 4, 2001

so weak as to make the judgment clearly wrong and manifestly unjust. … Their own lay testimony was not competent to establish causation between Valderaz's negligence and the Sawyers' more unusual complaints.

John Sharp, Comptroller of Public Accounts for the State of Texas Dan Morales, Attorney General for the State of Texas And Martha Whitehead, Treasurer of the State of Texas v. Caterpillar, Inc.

Texas Court of Appeals, 3rd District (Austin) · Sep 18, 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.

Syed Kazmi v. Syeda Kazmi

Texas Court of Appeals, 3rd District (Austin) · Nov 17, 2023

or can be credited with such qualifying quarters.” 8 U.S.C. § 1183a(a)(2), (3)(A). … Wash. 2017) (“The federal law underlying the I–864 Affidavit clearly specifies the instances in which the support obligation can be avoided . . . .

Armando Sanchez, M.D. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.

Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2007

Third, BexarMet claims that SAWS failed to establish standing under the federal voting-rights act to bring this action. … SAWS is not required to establish standing under the voting-rights act because it has not presented a claim under that statute.

In Re Graham

251 S.W.3d 844 · Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2008

As an equitable matter, it must be noted that Preston's initial statement was a legal conclusion that he was not qualified to make. See Duffy v. … Because there is no evidence establishing Tom Green County as Dianne's domicile at the time of her death and the evidence conclusively establishes Travis County as Dianne's domicile at the time of her death, we find that

Salvador Serrano, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 2, 1998

It provides: "first, the lesser included offense must be included within the proof necessary to establish the offense charged, and, second, some evidence must exist in the record that would permit a jury rationally to find … We will reverse such a decision only for clear abuse of discretion; i.e., only when the trial judge's decision was so clearly wrong as to lie outside that zone within which reasonable persons might disagree." 846 S.W.2d at

Ronald Deshon Runels v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 6, 2018

Under that standard, a trial court’s ruling will only be deemed an abuse of discretion if it is so clearly wrong as to lie outside “the zone of reasonable disagreement,” Lopez v. State, 86 S.W.3d 228, 230 (Tex. Crim. … Qualification In his brief, Runels argues that the State failed to establish that Tomanetz was qualified to testify as an expert regarding domestic violence.

Bexar Metropolitan Water District, Juan and Luann Rivara, and Joseph and Dawn Fiorino v. City of San Antonio, Acting by and Through the San Antonio Water System

Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2007

SAWS is not required to establish standing under the voting-rights act because it has not presented a claim under that statute. … In a constitutional challenge, "the courts should uphold a statute as valid unless it is clearly unconstitutional." Koy v. Schneider , 221 S.W. 880, 888 (Tex. 1920).

Holly Dees v. Speedy Thomas and Sylvia Thomas

Texas Court of Appeals, 3rd District (Austin) · Jul 3, 2019

First, Dees asserts that the International Building Code Commentary “has been used in many court cases as evidence” and “it is likely that [it] would qualify as a learned treatise and therefore should be an exception to … But when Sylvia was shown the picture of the steps and asked “does the height on [step] 1 and 2 look the same to you,” she clearly and unambiguously responded, “No.”

Lewis Wheeler v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 2023

Snyder’s expert medical opinion about the abuse established that the medical treatment exception to hearsay did not apply. … Snyder’s testimony established that the remainder of Dr. Snyder’s testimony should have been excluded. When making its ruling, the trial court allowed Dr.

Leal v. Texas Department of Protective & Regulatory Services

25 S.W.3d 315 · Texas Court of Appeals, 3rd District (Austin) · Jul 27, 2000

Although it is clearly established that the grounds for terminating a person’s parental rights must be proven by clear and convincing evidence in the trial court, the correct standard of review an appellate court should apply … Unsanitary conditions can qualify as surroundings that endanger a child. See In re M.C., 917 S.W.2d 268, 270 (Tex.1996). We previously recited evidence of conduct on the part of Ms.

Trudy's Texas Star, Inc. D/B/A South Congress Cafe v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Mar 12, 2010

A movant seeking traditional summary judgment on its own cause of action—as the City did—has the initial burden of establishing its entitlement to judgment as a matter of law by conclusively establishing each element of … 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:

Trudy's Texas Star, Inc. D/B/A South Congress Cafe v. City of Austin

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.

Lou Ann Krauss Baetz v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Dec 10, 1998

The Department bore the burden to establish each finding by clear and convincing evidence, meaning that degree of proof which produces in the mind of the trier of fact a firm belief or conviction as to the truth of the finding … Lou Ann qualified Doug's statement as being true "off and on," saying that their drug use depended where the children were and that it was sometimes restricted to weekends.

Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company v. Texas Mutual Insurance Company

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

The facts cited above clearly establish that an employee of Absolute (Guzman) was injured on company premises while operations were being performed on those premises. (CR at 13–14). … Admiral Insurance Co., is clearly distinguishable from the one at hand. 664 F.3d 589 (5th Cir. 2011).

in Re Seton Northwest Hospital Karen Brinkman, Risk Manager And Seton Northwest Hospital's Custodian of Records

Texas Court of Appeals, 3rd District (Austin) · Jul 10, 2015

that (1) the trial court clearly abused its discretion and (2) there is no adequate remedy by appeal. … In determining that it was not, the supreme court clarified that, although a claim based on departure from safety standards “need not be directly related to the provision of health care” in order to qualify as a health

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

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2002

Plaintiff complied with this request because he believed that Defendant, his broker, was more experienced and qualified in real estate transactions. … Both the motion and order are clearly based on the critical allegation .

Miller v. State

208 S.W.3d 554 · Texas Court of Appeals, 3rd District (Austin) · Sep 13, 2006

In the instant case, there is no testimony from a qualified witness that the telephone bill at issue was a printout of computer self-generated data. … If Westmoland had been shown to be a party to Ragland’s murder and thus an accomplice witness, there clearly was other evidence connecting appellant to the offense — Ragland’s body was found in appellant’s bedroom — and thus