Case law

First State Bank v. Tom Keilman and Myrna Keilman

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 1993

In its point of error, FSB is clearly complaining about this aspect of the judgment. … Under such construction, the term clearly includes the posting of notices in public places.

State of Texas v. A. R. Enochs and Wife, Erlene Patton Enochs

Texas Court of Appeals, 3rd District (Austin) · Sep 15, 1993

The record clearly reveals that no formal discovery was undertaken by the State to identify the witnesses who might be called on behalf of Southland. … The only authority cited by the State is totally consistent with this well-established rule of law. In Brazos River Auth. v. Adkisson , 173 S.W.2d 294 (Tex. Civ. App.

H. Hal McKinney v. Willard L. Ferguson

Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2004

We will set aside the verdict only if the evidence that supports the jury finding is so weak as to be clearly wrong and manifestly unjust. See Cain v. Bain , 709 S.W.2d 175, 176 (Tex. 1986). … In a conclusion of law, the district court determined that McKinney does not qualify as a holder in due course, and McKinney does not challenge this determination. 5.

JP Morgan Chase Bank, N.A., Successor by Merger to Bank One, N.A. and Michael Bobinchuck v. Texas Contract Carpet, Inc. Gypsum Floors of Texas, Inc. And Agape Round Rock Housing, Inc., D/B/A Chandler Creek Apartments

Texas Court of Appeals, 3rd District (Austin) · Dec 11, 2009

To qualify as a third-party beneficiary, a party must show that it is either a "donee" or "creditor" beneficiary of the contract. Id . at 651. … Based on the circumstances of this case, we must determine whether the subcontractors qualify as creditor beneficiaries.

Rosen v. Wells Fargo Bank Texas, N.A.

114 S.W.3d 145 · Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

Article IV established a marital trust for the benefit of appellant, funded by assets entitled to the marital deduction. … Article IV of Rosen's Will established the Daniel Hunt Rosen Marital Trust (the "Marital Trust"): A.

Eva Ramirez v. Eddie Ramirez, Jr.

Texas Court of Appeals, 3rd District (Austin) · Apr 11, 2019

She represented to the court that she prepared the decree and three QDROs, including one addressing the 401(k) in conformity with the ISA, but that she made an “inadvertent but clearly a clerical error” when she “put a … We also observe that our sister court’s holding in that case was in the context of an appeal from the trial court’s summary judgment ruling and the basis of the holding was that the appellee “fail[ed] to establish an oral

Michael C. Scally, M.D. v. Texas State Board of Medical Examiners

Texas Court of Appeals, 3rd District (Austin) · Aug 4, 2011

statutory provision, (2) exceed the agency's statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, or (5) are arbitrary or capricious or characterized by abuse of discretion or clearly … Jackson and Werner were qualified as experts and their testimony should be admitted.

Austin ISD, Self-Insured v. Charles M. Manbeck

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2011

Fees for fees Our analysis of AISD's second issue begins with the established principle--so well established, in fact, that it's long been termed the "American Rule"--that parties to litigation must bear their own attorneys … Johnson also maintained essentially that because Stewart was well qualified, no other attorneys needed to be working on the case.

State v. Harrell Ranch, Ltd.

268 S.W.3d 247 · Texas Court of Appeals, 3rd District (Austin) · Oct 21, 2008

Dallas County, 279 S.W. 1111, 1112 (Tex.Com.App.1926, judgm’t adopted) (recognizing right to damages for temporary interfer *256 ence with an established business for a definite time). … Archibald valued the certifications as a 10% annual increase for the three years over which the property became qualified for the certifications, and then divided the total premium between the taken portion and the remainder

Mehmet Turan Erkan v. Habibe Nalan Erkan

Texas Court of Appeals, 3rd District (Austin) · Aug 20, 2015

A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED … more qualifying children. .

Texas Health Enterprises, Inc. v. Texas Department of Health

925 S.W.2d 750 · Texas Court of Appeals, 3rd District (Austin) · Jul 31, 1996

Although Nueces Canyon rejected our limitation on the method of transmitting the administrative record, the opinion also clearly indicates that the administrative record must be offered into evidence to be considered by this … We believe that we cannot address this point of error without resort to the administrative record, which contains the documents establishing the relevant dates.

Raza M. Devji v. Christopher B. Keller, Mark E. Keller, and Kibo Development Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 24, 2003

His appellate brief also fails to elucidate clearly his claims for relief and the bases for his claims. … Further, “[a] judge’s ordinary efforts at courtroom administration—even a stern and short-tempered judge’s ordinary efforts at courtroom administration—remain immune.” Id. at 556.

Austin ISD, Self-Insured v. Charles M. Manbeck

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2011

Fees for fees Our analysis of AISD’s second issue begins with the established principle—so well established, in fact, that it’s long been termed the “American Rule”—that parties to litigation must bear … Vega-Garcia, the Fifth Court of Appeals determined that subsection (c) “clearly limits recovery of attorney’s fees to those fees incurred . . .

Ex Parte James Richard "Rick" Perry

471 S.W.3d 63 · Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2015

As Perry sees it, his indictment, on its face, establishes that he “is being prosecuted for a veto and an alleged veto threat,” infringing not only his personal free-speech rights and immunities he possesses under the Speech … Heinrich, 284 S.W.3d 366, 372 (Tex. 2009) (distinguishing between “government officer’s exercise of discretion” and conduct actionable under “ultra-vires exception” to sovereign immunity); Tobias v.

in Re Richard Scheller

Texas Court of Appeals, 3rd District (Austin) · Dec 11, 2009

To qualify as a third-party beneficiary, a party must show that it is either a “donee” or “creditor” beneficiary of the contract. Id. at 651. … Based on the circumstances of this case, we must determine whether the subcontractors qualify as creditor beneficiaries.

in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

Texas Court of Appeals, 3rd District (Austin) · Jan 3, 2017

The information is directly related and clearly relevant to the claims at issue in this matter. … VWGoA also should remove its objections to the relevance of these requests because the facts concerned are clearly relevant to the litigation.

Mountain Peak Special Utility District v. Public Utility Commission of Texas and the City of Midlothian

Texas Court of Appeals, 3rd District (Austin) · Nov 2, 2017

law; (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (6) are arbitrary or capricious or characterized by an abuse of discretion or a clearly … A water utility must establish three elements to invoke the protections of section 1926(b): (1) the utility is an “association” within the meaning of section 1926, (2) the utility has a qualifying federal loan outstanding

Larimore v. Employees Retirement System of Texas

208 S.W.3d 511 · Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2006

The burden of establishing entitlement to disability benefits is on the applicant. Id. at 550 . … Although noting that the record “clearly documents Mr.

John White v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 20, 2020

offense committed by another under the law set out here even if that other person has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type of offense, or is immune … Barraza, 655 F.3d 375, 382 (5th Cir. 2011) (noting that error may be harmless if jury, convicting on invalid theory of guilt, necessarily found facts establishing guilt on valid theory).

Comanche Nation v. Fox

128 S.W.3d 745 · Texas Court of Appeals, 3rd District (Austin) · Feb 12, 2004

A final order was issued about a year later establishing a joint managing conservatorship between Perry and the Foxes. … ” terminated her parental rights, we conclude that a suit seeking to terminate parental rights is substantially different from a modification suit and that this case is clearly not a suit seeking to terminate Perry’s parental