Case law

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

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

Johnny Earl Williams v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 28, 2008

In a hearing before the trial court, a detective with the Temple Police Department, who was qualified as a fingerprint expert, testified that the fingerprints contained in Texas and New Mexico pen packets matched those … “A motion for continuance, based on equitable grounds rather than statutory grounds, is entirely within the sound discretion of the court, and will only call for reversal if it is shown that the court clearly abused its

Herman McMillin v. State

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

In response, the judge explained that potential jurors who simply made "general responses to general questions" should not be automatically dismissed without first "clearly establishing what the law requires" of them. … Carter was not qualified to render an opinion as to whether the defense counsel was likely to object to the State's question.

Henry Calderon and Sylvia Calderon, Individually and A/N/F for Erica Calderon v. Mid-Century Insurance Company of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 29, 1998

According to the court, even though the allegation of ownership in the plaintiff's petition may not be true, it clearly brought the claim within coverage. … Zurich's duty to defend depended on the physicians qualifying as additional insureds.

Advanced Living Technologies, Inc., D/B/A Manor Oaks Nursing Home v. Irene Tindle

Texas Court of Appeals, 3rd District (Austin) · Nov 9, 1994

Hargers' statement clearly qualifies as an admission by a party opponent because she made it to Blythe while she was employed at Manor Oaks, and it concerned a matter within the scope of her employment. … ALT argues that the trial court's finding was based exclusively on Blythe's testimony, which was clearly contradicted by the employment records.

Morris v. Kohls-York

164 S.W.3d 686 · Texas Court of Appeals, 3rd District (Austin) · May 5, 2005

A factual sufficiency challenge requires proof that a finding was “so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust.” Goodenbour v. … The embryo transfer and implantation services entailed surgical procedures that Robert Morris, as a licensed veterinarian, was solely qualified to provide. Joyce Morris, as an embryologist, assisted in those procedures.

Herman McMillin v. State

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

In response, the judge explained that potential jurors who simply made “general responses to general questions” should not be automatically dismissed without first “clearly establishing what the law requires” of them. … conclusion, so established, would influence his verdict. . . .

Johnny Earl Williams v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 28, 2008

In a hearing before the trial court, a detective with the Temple Police Department, who was qualified as a fingerprint expert, testified that the fingerprints contained in Texas and New Mexico pen packets matched those known … "A motion for continuance, based on equitable grounds rather than statutory grounds, is entirely within the sound discretion of the court, and will only call for reversal if it is shown that the court clearly abused its discretion

Jaime Fernando Argudo-Rodriguez v. State

Texas Court of Appeals, 3rd District (Austin) · May 14, 2010

It was the State’s burden, as the proponent of the challenged evidence, to establish its admissibility. Id. … Assuming without deciding that the EMS worker’s assessment qualifies as testimonial evidence and its admission, therefore, violated Argudo’s rights under the confrontation clause, we agree with the State that the report

J. M. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2024

“Proceedings to terminate the parent-child relationship implicate rights of constitutional magnitude that qualify for heightened judicial protection.” In re A.C., 560 S.W.3d 624, 626 (Tex. 2018). … Shortly after Beth was removed, Torrey met with Mother and Father and established a service plan for them.

Texas Health and Human Services Commission v. Jessica Lukefahr

Texas Court of Appeals, 3rd District (Austin) · Nov 4, 2015

Also without merit is HHSC’s continued assertion that the agency’s order “is clearly supported by substantial evidence.” Appellant’s Reply Brief, p. 3. … The limitation of the testimony offered by TMHP’s nurse was clearly established by HHSC’s attorney: Q (HHSC attorney): So this article is restricted simply to load distribution of weight to prevent skin ulcers

Reliant Energy, Incorporated and American Electric Power Company v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 6, 2003

At that time, it was thought that electric utilities were natural monopolies, immune from the normal forces of competition. … Comm=n, Application of Reliant Energy, Incorporated for Financing Order to Securitize Regulatory Assets and Other Qualified Costs, Docket No. 21655 (2000); Tex. Pub Util.

Ludwig v. Encore Medical, L.P.

191 S.W.3d 285 · Texas Court of Appeals, 3rd District (Austin) · Apr 19, 2006

Ludwig contends that the evidence is legally and factually insufficient to support this finding and contends that evidence in the record conclusively' establishes the opposite. … Section 1(e) of Ludwig's severance agreement provides five instances that would qualify as a “good reason.”

Citizens Insurance Company of America Citizens, Inc. Harold E. Riley and Mark A. Oliver v. Dr. Fernando Hakim Daccach

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

Hakim=s class securities claims, Citizens filed a motion for summary judgment arguing that the CICA policies do not qualify as securities under the Securities Act. … Clearly, the district court directed serious attention to the issue of a potential conflict of interest. 25  Citizens also argues that the district

Jaime Fernando Argudo-Rodriguez v. State

Texas Court of Appeals, 3rd District (Austin) · May 14, 2010

It was the State's burden, as the proponent of the challenged evidence, to establish its admissibility. Id. … Assuming without deciding that the EMS worker's assessment qualifies as testimonial evidence and its admission, therefore, violated Argudo's rights under the confrontation clause, we agree with the State that the report's

Pedro Edwardo Gutierrez Alias Pete Gutierrez v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2002

By point of error three, appellant challenges the factual sufficiency of the evidence to establish that he did not kill with sudden passion arising from an adequate cause. … He is qualified to give an opinion on his character for truthfulness and law-abidingness-or I'm sorry, his pertinent character trait for violence.

Citizens Insurance Company of America Citizens, Inc. Harold E. Riley and Mark A. Oliver v. Dr. Fernando Hakim Daccach

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

Repeated litigation over whether the CICA policies qualify as securities and whether they were sold from Texas would be a waste of judicial resources. … Clearly, the district court directed serious attention to the issue of a potential conflict of interest.

Joe Alviar, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 1992

Because no expert witness is qualified to ascertain credibility, the trial court erred in allowing Dr. Svoboda to comment directly on the credibility of C.A. See id. at 838 . … Svoboda's next answer clearly an opinion of C.A.'s credibility.

Constructors & Associates, Inc. v. First National Bank of Cameron

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2011

There are no procedural requirements for a subcontractor or supplier to qualify for protection under the Texas Construction Trust Fund Act. … On appeal, Constructors argues that it conclusively established its affirmative defenses of conditions precedent, offset, payment, waiver and estoppel, and fiduciary duty.