Case law

Mary L. Smith and Damon Interests, Inc. v. Edward R. Engleking, Successor to Stephen S. Durish, Receiver of Federal Title Company

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 1992

Thus, the fact that Smith is Damon's alter ego is conclusively established as to appellants. See footnote 1, supra . … Therefore, the matters thus admitted are conclusively established as to the appellants.

Jonathon Gene Benavides v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2007

upon the trial of the cause upon its merits because of his testimony at this hearing.”). 10  However, rule 104(d) “is not intended to immunize … Benavides 13 concedes in his brief that the purpose of the hearing was to “establish[] a defensive theory.” We agree.

Richard Wayne Sanders v. Catherine Michelle Bumgardner

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 1991

Her suit sought to establish a parent-child relationship between appellant and the child. … The trial court did not prohibit service by anyone otherwise qualified by law, nor did it order any special manner of service.

Daniel Williams v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 2, 2006

I really don’t think he’s a qualified expert for that kind of testimony. … 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).

Jonathon Gene Benavides v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2007

However, rule 104(d) "is not intended to immunize the accused from cross-examination . . . when the accused himself injects other issues into the hearing." Ex parte Homan , 963 S.W.2d 543, 545 (Tex. App. … Benavides concedes in his brief that the purpose of the hearing was to "establish[] a defensive theory." We agree.

Saul Hurtado v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 7, 2005

transportation code provides that in a prosecution such as this, evidence of a person’s alcohol concentration is admissible if shown by the analysis of blood taken at the request of a peace officer and in a sanitary place by a qualified … In a factual sufficiency review, we view the evidence in a neutral light and will set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.

Mark Jason Normand v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 1, 2025

Code § 544.010 (requiring driver to “stop at a clearly marked stop line”); see also id. § 542.301 (explaining that person commits offense if he performs act or fails to perform act required by subtitle). … The decision by the police to divide the search up did not render Normand’s search so separated from his arrest that the search could not have qualified as one incident to arrest.

Saul Hurtado v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 7, 2005

There are certain standards that she has to establish scientifically to show reliability of this evidence before it's admissible. … In a factual sufficiency review, we view the evidence in a neutral light and will set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Clewis v.

Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton

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

of care for clearly fails to analyze and determine the law cor- admission of a patient with Alzheimer's disease; rectly or applies the law incorrectly to the facts. (4) doctor was qualified to testify … qualified because “[n]either Dr.

Vista Health Plan, Inc. and Integranet Provider Organization, Inc. v. Texas Health and Human Services Commission, Texas Department of Human Services, Texas Department of Health, and Texas Rehabilitation Commission

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

("Blue") to provide comprehensive health care services to qualified Medicaid-eligible recipients. Blue, in turn, subcontracted with appellants Vista Health Plan, Inc. and Integranet Provider Organization, Inc. … The state agencies also filed a plea to the jurisdiction, claiming Vista's request for declaratory relief was insufficient to confer jurisdiction on the court, Vista's claims were barred by sovereign immunity, and its claims

Vista Health Plan, Inc. and Integranet Provider Organization, Inc. v. Texas Health and Human Services Commission, Texas Department of Human Services, Texas Department of Health, and Texas Rehabilitation Commission

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

(“Blue”) to provide comprehensive health care services to qualified Medicaid- eligible recipients. Blue, in turn, subcontracted with appellants Vista Health Plan, Inc. and Integranet Provider Organization, Inc. … The state agencies also filed a plea to the jurisdiction, claiming Vista’s request for declaratory relief was insufficient to confer jurisdiction on the court, Vista’s claims were barred by sovereign immunity, and its claims

Pine Forest Investments Group, LLC v. the County of Bastrop, Texas The Bastrop Independent School District And the City of Bastrop, Texas

Texas Court of Appeals, 3rd District (Austin) · Jun 22, 2018

This will cause the equitable title to become a “record title” within the meaning of Section 209.002(6) and supersedes the legal title of the seller and qualifies one as an “owner” under the statute as well … According to the Articles of Incorporation of [the Association], it clearly did. 13 Even if the recording of the Contract in County records had established “record title,” the Developer does

Liberty Mutual Insurance Company Liberty Insurance Corporation Liberty Mutual Fire Insurance Company LM Insurance Corporation And First Liberty Insurance Corporation v. Betty Griesing, Individually and on Behalf of All Other Persons Similarly Situated

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

When setting the benchmark rate, the commissioner is clearly allowed to consider factors other than risk-assessmentCa reasonable margin for profit, expenses of operations, and any other factor he deems appropriate. … We conclude that article 21.35B of the insurance code does not create a set of charges immune from the commissioner=s rate-setting procedures.

Liberty Mutual Insurance Company Liberty Insurance Corporation Liberty Mutual Fire Insurance Company LM Insurance Corporation And First Liberty Insurance Corporation v. Betty Griesing, Individually and on Behalf of All Other Persons Similarly Situated

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

When setting the benchmark rate, the commissioner is clearly allowed to consider factors other than risk-assessment—a reasonable margin for profit, expenses of operations, and any other factor he deems appropriate. … We conclude that article 21.35B of the insurance code does not create a set of charges immune from the commissioner’s rate-setting procedures.

Margaret Brockington AKA Margaret Huffman v. State

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

and the conduct of the actor clearly insufficient. … Without objection, Turk was qualified as an expert witness. Turk used a dog trained to detect accelerants at fire scenes.

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

Texas Court of Appeals, 3rd District (Austin) · Apr 27, 2000

all other qualified Ford heavy duty truck dealers. … Beard is not qualified, in terms of character and capacity, to become the dealer-principal at Metro."

Margaret Brockington AKA Margaret Huffman v. State

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

result and the conduct of the actor clearly insufficient. … Without objection, Turk was qualified as an expert witness. Turk used a dog trained to detect accelerants at fire scenes.

Jerry Scarbrough, Denise Steele, and Melissa Victoria Deaton v. Helen Purser, Sue E. Purser A/K/A Sue E. Van Zanten, Gary W. Purser, Jr., Joann M. Purser, and Elizabeth H. Tipton

Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2015

Debtor's actions clearly crossed the line between harass Helen Purser while seeking “to leverage a [ ] ... baseless zealous advocacy and contumacious conduct. … immunity privilege; damages or nuisance money.

Garfield David Hall v. State

Texas Court of Appeals, 3rd District (Austin) · May 26, 2006

The standards for the evidentiary sufficiency challenges are well established. … Appellant points to testimony by an investigating police officer that he was not qualified to determine whether the window breaks were recent.

Richard Dale Griffin v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2020

Although Griffin acknowledges that there was 3 evidence establishing that he drove S.S. to different locations to have sex, he asserts that this type of action does not qualify … City of Rockford, 408 U.S. 104, 108 (1972) (explaining that statute is vague when its prohibitions are not clearly defined).