Case law

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.

Harold Miller v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 6, 2006

Consent to search is an established exception to the Fourth Amendment warrant requirement. Schneckloth v. Bustamonte , 412 U.S. 218, 219 (1973). … In the instant case, there is no testimony from a qualified witness that the telephone bill at issue was a printout of computer self-generated data.

Harold Miller v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 6, 2006

Consent to search is an established exception to the Fourth Amendment warrant requirement. Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973). … In the instant case, there is no testimony from a qualified witness that the telephone bill at issue was a printout of computer self-generated data.

Wayne Scott Walker v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 24, 1992

The appellant at trial asserted a clear and specific challenge for cause clearly articulating the grounds therefor. 3. … who understands the scientific theory of the machine; and (3) proof of the result of the test by a witness or witnesses qualified to translate and interpret such results so as to eliminate hearsay.

City of Austin v. Ronnie Esparza

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

The jury also was instructed that a fact could be established by direct or circumstantial evidence and that a fact was established by circumstantial evidence “when it may be fairly and reasonably inferred from other facts … [W]hat kind of work is a person who has a 10th grade education, no GED, and has been doing nothing but forestry work for 20 to 22 years, what kind of work is that person qualified to do?

City of Austin v. Ronnie Esparza

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

The jury also was instructed that a fact could be established by direct or circumstantial evidence and that a fact was established by circumstantial evidence "when it may be fairly and reasonably inferred from other facts … [W]hat kind of work is a person who has a 10th grade education, no GED, and has been doing nothing but forestry work for 20 to 22 years, what kind of work is that person qualified to do? A. His options are very limited.

Ryan Hanson v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001

Although he had been granted use immunity, Kotaska refused to testify. The State then sought to introduce Kotaska's earlier testimony from Ludwick's trial. … to produce the result and the conduct of the actor clearly insufficient."

City of Abilene, Texas City of San Angelo, Texas And City of Vernon, Texas v. Public Utility Commission of Texas and West Texas Utilities Company

Texas Court of Appeals, 3rd District (Austin) · Feb 27, 2003

that the action is A[n]ot reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole@ or is Aarbitrary or capricious or characterized by abuse of discretion or clearly … 12  The Commission could have reasonably held that high electrical demand for only sixty to ninety days as compared with fluctuating electrical demand throughout the year qualifies

Jose Duran and Maria Duran v. JB Goodwin Realtors and Xuan Le

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2014

To qualify as a consumer, the Durans must show that it sought or acquired goods or services by purchase or lease, and the goods or services purchased or leased must form the basis of their complaint. Cameron v. … In their transaction with Price, the Durans clearly did not receive a legal lot free from liens. But Goodwin was omitted from that transaction.

Larry Johnson v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2009

Edmond testified that he was one of only five individuals at TxDOT qualified to operate a certain type of hydraulic excavator and that he had taken great pride in his work. … (“Courts often rely on a ratio of damages to establish whether noneconomic or actual damages are excessive.”).

Daniel Williams v. State

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

The guardianship proceedings were later dismissed because the guardian, appellant ' s sister, failed to qualify. … After the court accepted the guilty pleas, appellant made a judicial confession of the three offenses clearly answering the interrogations of his defense counsel and the prosecutor.

Jan Lubin, Gilberto Villanueva, Michael Paladino, Gerald Hooks and Lesly K. Hooks v. Farmers Group, Inc. Farmers Underwriters Association Fire Underwriters Association Farmers Insurance Exchange Fire Insurance Exchange Texas Farmers Insurance Company Mid-Century Insurance Company of Texas Mid-Century Insurance Company

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

Rule 23 provides specific rules for delineating the appropriate plaintiff-class, establishes who is bound by the action, and effectively prevents duplicative recoveries." Id . at 266. … Appellees' argument lacks support in the plain language of section 18(b), which does not qualify its requirement of section 18 compliance based on the initiator of the suit.

Ryan Hanson v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001

Although he had been granted use immunity, Kotaska refused to testify. The State then sought to introduce Kotaska’s earlier testimony from Ludwick’s trial. … to produce the result and the conduct of the actor clearly insufficient.”

Jan Lubin, Gilberto Villanueva, Michael Paladino, Gerald Hooks and Lesly K. Hooks v. Farmers Group, Inc. Farmers Underwriters Association Fire Underwriters Association Farmers Insurance Exchange Fire Insurance Exchange Texas Farmers Insurance Company Mid-Century Insurance Company of Texas Mid-Century Insurance Company

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

Clearly, section 17 authorizes a class action by either the 17 Attorney General or an individual. See id. § 17(a). … Appellees’ argument lacks support in the plain language of section 18(b), which does not qualify its requirement of section 18 compliance based on the initiator of the suit.

Henrietta Flores v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

Flores's disability qualified as an occupational disability. The Board's reweighing of the evidence was clearly designed to change the effect of Ms. Flores's preexisting condition on her disability. … The Knee Injury The medical evidence adduced at the hearing also established that Ms.

Henrietta Flores v. Employees Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

Flores’s disability qualified as an occupational disability. The Board’s reweighing of the evidence was clearly designed to change the effect of Ms. Flores’s preexisting condition on her disability. … The Knee Injury The medical evidence adduced at the hearing also established that Ms.

Springs Window Fashions Division, Inc. v. Blind Maker, Inc.

184 S.W.3d 840 · Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2006

All preferred fabricators would receive advertising funds equal to 2% of qualified purchases and sales funds equal to 1.5% of qualified purchases. … Gold preferred fabricators only would receive event funds equal to .5% of qualified purchases. • A margin improvement fund, or monthly credit based on a percentage of a fabricator’s volume of qualified purchases.

William Ethridge Hill, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2002

Rule 803(3) clearly provides that testimony as to the deceased's plan and then existing state of mind is admissible. See id. … Worth 2001, no pet.), which stated that "when conducting a legal sufficiency review, a vital fact may not be established by stacking inference upon inference."

City of Abilene, Texas City of San Angelo, Texas And City of Vernon, Texas v. Public Utility Commission of Texas and West Texas Utilities Company

Texas Court of Appeals, 3rd District (Austin) · Feb 27, 2003

that the action is "[n]ot reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole" or is "arbitrary or capricious or characterized by abuse of discretion or clearly … water pumpers an exemption based on testimony that their demands varied "significantly from month to month" and based on findings of an "insignificant increase in demand billing" and a greater load than the class average qualifies

City of Carrollton v. Texas Commission on Environmental Quality

170 S.W.3d 204 · Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2005

The certificate obligates its holder to provide continuous and adequate service to every customer and every qualified applicant within its area. … We are persuaded that the legislature clearly and unmistakably intended to apply the cancellation provisions of Chapter 13 to home rule municipalities.