Case law

In Re the Committment of Desiree Hamm v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 6, 2026

She instructed them to bring their passports, school records, and immunization records, and arranged for someone to drive from San Diego to Comal County to get them and drive back with them in the trunk. … A witness who is qualified “by knowledge, skill, experience, training, or education” to “assist the trier of fact to understand the evidence or to determine a fact in issue” may testify as an expert.

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) · Jun 22, 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."

James E. Cox James E. Cox D/B/A European Import Car Repair And European Import Car Repair, Inc. v. Doug Wilkins, CPA

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2006

Cox objected that Cody had not established that the document fell under the business record exception to the hearsay rule. The trial judge overruled the objection and admitted the invoice. … conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

James E. Cox James E. Cox D/B/A European Import Car Repair And European Import Car Repair, Inc. v. Doug Wilkins, CPA

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2006

Cox objected that Cody had not established that the document fell under the business record exception to the hearsay rule. The trial judge overruled the objection and admitted the invoice. … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

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. … Although B.T. testified that she never consented to allow appellant or anyone named Garfield Hall to enter her apartment 2 Appellant points to testimony by an investigating police officer that he was not qualified

Antonio Campos v. State

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

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

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

City Public Service Board of San Antonio & Houston Lighting & Power Company v. Public Utility Commission of Texas Pat Wood, III Robert W. Gee Judy Walsh South Texas Electric Cooperative, Inc. Brazos Electric Power Cooperative, Inc. Texas-New Mexico Power Company Lower Colorado River Authority

Texas Court of Appeals, 3rd District (Austin) · Jan 6, 2000

(b) The commission shall ensure that an electric utility provides nondiscriminatory access to transmission service for qualifying facilities, exempt wholesale generators, power marketers, and other electric utilities. … The thrust of San Antonio's argument suggests that although the legislature clearly contemplated a role for the PUC in encouraging competition in the wholesale electricity market, the PUC's role was limited to that of an

Roth v. State

917 S.W.2d 292 · Texas Court of Appeals, 3rd District (Austin) · Nov 15, 1995

CONSENT TO ENTER One of the specifically established exceptions to the requirements of both a warrant and probable cause is a search conducted pursuant to consent. Schneckloth v. … No waiver of constitutional immunity could be inferred from the singular act of opening the front door. Green v. State, 666 S.W.2d 291, 293 (Tex.App.—Houston [14th Dist.] 1984, no pet.).

John J. Rogers, Jr. James R. Winton and Burl Richardson v. Texas Board of Architectural Examiners

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

Moreover, the textual focus of section 2001.174 is on the effect of a qualifying error in the underlying proceeding; specifically, did the error prejudice the appellant’s substantial rights? … Second, section 2001.175(c) does not limit the district court’s authority to remand under section 2001.174 if there is a qualifying error and rendition is not otherwise mandated.

John Karl Rudolph v. Debra Ann Jamieson

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2018

In effect, it has effected a collateral attack on both the DRO and the Decree by its substantive modification of the DRO and the Decree in violation of established law. … for Veteran’s Administration benefits and any waiver from electing not to retire, despite being qualified to retire.

Daimler-Benz Aktiengesellschaft v. Olson

21 S.W.3d 707 · Texas Court of Appeals, 3rd District (Austin) · Jun 15, 2000

Giving conclusive effect to these statements is consistent with the policy that a party should not be allowed to prevail on its assertions after clearly negating those assertions before a judicial tribunal. … The parties stipulated that MBNA is qualified to do business in Texas. As mentioned above, the parties stipulated that MBNA advertises U.S.

Satterfield v. Crown Cork & Seal Co., Inc.

268 S.W.3d 190 · Texas Court of Appeals, 3rd District (Austin) · Oct 7, 2008

Satterfield has not made it clearly apparent that chapter 149 is unnecessary, unreasonable, and unjustified by the facts. See Bellaire, 317 S.W.2d at 45-46 . … Subsequent successors may qualify under the statute if they receive only that same bundle of original asbestos liabilities through successive mergers. H.J. of Tex., 78th Leg., R.S. 6043; see also Tex. Civ.

City Public Service Board of San Antonio & Houston Lighting & Power Company v. Public Utility Commission of Texas Pat Wood, III Robert W. Gee Judy Walsh South Texas Electric Cooperative, Inc. Brazos Electric Power Cooperative, Inc. Texas-New Mexico Power Company Lower Colorado River Authority

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 1999

(b) The commission shall ensure that an electric utility provides nondiscriminatory access to transmission service for qualifying facilities, exempt wholesale generators, power marketers, and other electric utilities. … The thrust of San Antonio's argument suggests that although the legislature clearly contemplated a role for the PUC in encouraging competition in the wholesale electricity market, the PUC's role was limited to that of an

Delfino Torres-Vasquez v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 25, 2019

The court observed, “It’s an out-of-court statement, it’s clearly made not under oath -- and you are clearly trying to introduce it 7 to prove the truth of the matter asserted … App. 2010) (observing that constitutional right to “meaningful opportunity to present a complete defense” is qualified by requirement that defendant’s evidence be relevant and not excluded by established evidentiary rule

Carolyn Johnson v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 8, 1995

At the time of the indigency hearing, appellant did not qualify as a "nonindigent defendant" or as an "indigent defendant who has refused appointed counsel." … The statute clearly applies after that determination is made. Accordingly, we overrule appellant's first point of error.

Weslaco Federation of Teachers v. Texas Education Agency

27 S.W.3d 258 · Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2000

Thus, teachers’ salaries for 1995-96 were not established until August 28, after the District’s teachers had become contractually bound to the District for that school year. … The teachers’ contracts, however, are clearly limited to one year and state that the teacher “shall be employed on a 183 day basis for school year 1995-96.”

William McBride v. State

Texas Court of Appeals, 3rd District (Austin) · May 29, 1996

Further medical testimony established without dispute that the marks could not have been sustained after she died. … He urges us to qualify the statute by deleting from it subsection (B), so that the definition is limited to "anything manifestly designed, made, or adopted for the purpose of inflicting death or serious bodily injury," as

CenterPoint Energy Houston Electric, LLC and Public Utility Commission of Texas v. Gulf Coast Coalition of Cities, Texas Industrial Energy Consumers, the State of Texas and Occidental Power Marketing, L.P.

Texas Court of Appeals, 3rd District (Austin) · Jul 25, 2008

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 … It is true, as Occidental urges, that the term “stranded costs” has a well-established technical meaning within PURA, as previously discussed.

CenterPoint Energy Houston Electric, LLC and Public Utility Commission of Texas v. Gulf Coast Coalition of Cities, Texas Industrial Energy Consumers, the State of Texas and Occidental Power Marketing, L.P.

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