Case law

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.”

TXI Operations LP v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Apr 7, 2023

We explained that the Commission’s denial of the motion to overturn did “not establish any rights or obligations” but was “merely a refusal to overturn or otherwise modify the decision that did establish KBDJ’s rights … TXI argues that the outbuilding where Nopp’s parents live does not qualify as a residence because it is not sufficiently permanent.

Wayne Edward Weirich v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 4, 2002

These convictions were used to help establish identity. See Tex. R. Evid. 404(a)(3), (b). Further, appellant stated, "This is the first time it's ever happened to me." … A review of the record shows that the jury was clearly instructed to proceed to consideration of the affirmative finding only if appellant was first found guilty. The charge did not harm appellant.

Wayne Edward Weirich v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 4, 2002

Appellant’s past misdemeanor convictions were used to establish that appellant had used the “other driver” explanation before and had a pattern of fleeing from the police. … A review of the record shows that the jury was clearly instructed to proceed to consideration of the affirmative finding only if appellant was first found guilty. The charge did not harm appellant.

American National Insurance Company and Heart of Texas Dodge v. Rosemary Paul and Don Paul

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 1996

During the past three years I have not received any medical care or treatment for heart, lungs, or respiratory system, brain or nervous system, Immune Deficiency Disorder, AIDS or the AIDS Related Complex (ARC), or cancer … This portion of the contract expressly establishes the policy's limitations and exclusions and contains the following condition precedent: "[I]f your age is misstated and you have reached age 66 on the Effective Date, no

Old American County Mutual Fire Insurance Company/Zeferino Sanchez v. Zeferino Sanchez/Old American County Mutual Fire Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Jun 27, 2002

Id . art. 5.06-3 (emphasis added). (6) The question presented is whether Margarita Sanchez qualifies as "any insured named in the policy" as set forth in the statute. … App. 1999) (spouse elected lower UM coverage and signed as "named insured"); Oncale , 417 So.2d at 474-75 (policy clearly defined "named insured" as including spouse); Johnson v. Great Am. Ins.

John Mark Fetchin v. Lionel Meno, in His Capacity as Commissioner of Education Central Education Agency And Lewisville Independent School District

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 1996

. §§ 13.109-.110. (1) LISD gave four independent statutory grounds for terminating Fetchin's employment: (1) repeated failure to comply with official directives and established school board policy; (2) repeated and continuing … Given the simple and reasonable requirements of Fetchin's growth plan, his failure to comply for three months qualifies as a repeated failure to follow the plan directives.

Greg Abbott, Attorney General of the State of Texas v. Texas Department of Mental Health and Mental Retardation

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

In an attempt to prevent health information from being linked with individuals, HHS established standards for de-identifying health information. See id. § 164.514; see also 67 Fed. Reg. at 14798-99. … The sixth exception exempts from disclosure “personnel and medical files and similar files[6] the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.”

Greg Abbott, Attorney General of the State of Texas v. Texas Department of Mental Health and Mental Retardation

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2006

The Public Information Act Compels Disclosure of the Information Requested The Public Information Act Qualifies Under Section 164.512(a) In support of its assertion that the Public Information Act does not qualify under section … The sixth exception exempts from disclosure "personnel and medical files and similar files[ (8) ] the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."

Greg Abbott, Attorney General of the State of Texas v. Texas Department of Mental Health and Mental Retardation

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2006

In an attempt to prevent health information from being linked with individuals, HHS established standards for de-identifying health information. See id. § 164.514; see also 67 Fed. Reg. at 14798-99. … The sixth exception exempts from disclosure “personnel and medical files and 19 similar files[8] the disclosure of which would constitute a clearly unwarranted invasion

Greg Abbott, Attorney General of the State of Texas v. Texas Department of Mental Health and Mental Retardation

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

The Public Information Act Compels Disclosure of the Information Requested The Public Information Act Qualifies Under Section 164.512(a) In support of its assertion that the Public Information Act does not qualify under section … The sixth exception exempts from disclosure "personnel and medical files and similar files[ (6) ] the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."

Stephen Hollar v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 14, 2014

s trial attorney did not object to the admission of the recording made by Deputy Booth on testimonial grounds or to the testimony discussing portions of the video, his counsel did object on the ground that “it doesn’t qualify … establish what Hollar’s counsel’s motivations were when he asked Burroughs that question.

Burnet Central Appraisal District v. Louis G. Millmeyer and Sharon Millmeyer

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

the record, both in support of and against the finding, and set aside a finding for factual insufficiency only if the evidence that supports it is so against the great weight and preponderance of the evidence that it is clearly … Though the property owner may be unable to qualify as an expert witness, she may testify as to what she believes the market value of her property to be. Gulf States Utils. Co., 79 S.W.3d at 566.

Burnet Central Appraisal District v. Louis G. Millmeyer and Sharon Millmeyer

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

the record, both in support of and against the finding, and set aside a finding for factual insufficiency only if the evidence that supports it is so against the great weight and preponderance of the evidence that it is clearly … Though the property owner may be unable to qualify as an expert witness, she may testify as to what she believes the market value of her property to be. Gulf States Utils. Co. , 79 S.W.3d at 566 .

Ex Parte John Dominick Colyandro

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

Co. , 118 U.S. 394 (1886) (Privileges and Immunities clause extends to corporations). The United States Supreme Court has recognized that corporations enjoy First Amendment free speech protections. … Ellis and Colyandro also complain that the election code permits corporations to finance the establishment and administration of general-purpose political committees, but it does not define "establishment" or "administration

Ex Parte John Dominick Colyandro

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

Co., 118 U.S. 394 (1886) (Privileges and Immunities clause extends to corporations). The United States Supreme Court has recognized that corporations enjoy First Amendment free speech protections. … Ellis and Colyandro also complain that the election code permits corporations to finance the establishment and administration of general-purpose political committees, but it does not define “establishment” or “administration

Lauren Loria v. Derek Edward Loria

Texas Court of Appeals, 3rd District (Austin) · May 7, 2026

When conducting a factual-sufficiency review, we consider all the record evidence and set aside the trial court’s order only if the evidence is so weak as to make the finding clearly wrong and manifestly unjust. … She contends that the findings 11 of fact “fail to perform the central statutory task required by § 156.101—identifying and analyzing a qualifying material and substantial

James Gibson Moore, III v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 28, 2002

Because the State did not establish any of these with respect to Cardinale's occupation, it failed to meet its burden under Rule 803(4). … Because the record does not have sufficient information for us to determine that Cardinale has received medical training and can qualify as a member of the medical profession, and because Rule 803(4) clearly requires the

Ford Motor Company v. Hanan Butnaru, Gil Butnaru, and Motor Vehicle Board of the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2005

It clearly has not. The Board dismissed with prejudice the Butnarus' complaint on November 16, 2000, relying on the sole ground that the Butnarus lack standing to file a protest with the Board. … The Butnarus styled their filing a "complaint" but did not cite any particular code provision establishing the Board's jurisdiction to consider the questions presented.

Ford Motor Company v. Hanan Butnaru, Gil Butnaru, and Motor Vehicle Board of the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2005

According to that agreement, Ford had the right to purchase the dealership on the same terms and conditions that Graf Ford had negotiated with the proposed buyer, “regardless of whether the proposed buyer is qualified to … It clearly has not. The Board dismissed with prejudice the Butnarus’ complaint on November 16, 2000, relying on the sole ground that the Butnarus lack standing to file a protest with the Board.