Case law

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  • Texas Health Enterprises, Inc. v. Texas Department of Health

    954 S.W.2d 168 · Texas Court of Appeals, 3rd District (Austin) · Oct 9, 1997

    Gov’t Code Ann. § 2001.174 (West 1995); see also Board of Trustees of ERS v. Benge, 942 S.W.2d 742, 744 (Tex.App.—Austin 1997, writ denied). … Gerst v. Nixon, 411 S.W.2d 350, 354 (Tex.1966).

    Cited 10 timesPublished
  • Roderick Payton v. State

    Texas Court of Appeals, 3rd District (Austin) · May 11, 2018

    COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-17-00322-CR Roderick Payton, Appellant v. … BROWN, JUDGE PRESIDING ORDER PER CURIAM The State’s brief was originally due February 5, 2018.

    Cited 0 timesPublished
  • City of San Antonio, Texas Acting by and Through the City Public Service Board of San Antonio v. Public Utility Commission of Texas

    Texas Court of Appeals, 3rd District (Austin) · May 19, 2005

    Comm'n v. Patient Advocates of Tex. , 136 S.W.3d 643, 652 (Tex. 2004); Public Util. Comm'n v. City Pub. Serv. Bd. , 53 S.W.3d 310, 315-16 (Tex. 2001); Public Util. Comm'n v. … P'ship v. Travis Cent. Appraisal Dist. , 81 S.W.3d 869, 873 (Tex. App.--Austin 2002, pet. denied); City of Austin v. Quick , 930 S.W.2d 678, 687 (Tex. App.--Austin 1996) (citing Cameron v.

    Cited 0 timesPublished
  • Carl M. Patton v. Employees Retirement System of Texas

    Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2007

    See Flores v. Employees Ret. Sys. , 74 S.W.3d 532, 539 (Tex. App.--Austin 2002, pet. denied) (citing Texas State Bd. of Pharmacy v. Seely , 764 S.W.2d 806, 815 (Tex. App.--Austin 1988, writ denied); Madden v. … Co. v. Ademaj , No. 05-0016, 2007 Tex. LEXIS 1031, at *13 (Tex. Nov. 30, 2007); City of Marshall v. City of Uncertain , 206 S.W.3d 97, 105 (Tex. 2006).

    Cited 0 timesPublished
  • Concho Residential Service, Inc. v. MHMR Services for the Concho Valley A/K/A Concho Valley Center for Human Advancement, in Its Capacity as an Unincorporated Association, Its Capacity as a Mental Retardation Authority, and as a Purported Community MHMR Center

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

    Parker v. Brown , 317 U.S. 341, 352 (1943). Parker involved a marketing program adopted pursuant to the California Agricultural Prorate Act governing the 1940 California raisin crop. … --Corpus Christi 1996, no writ); Billy B., Inc. v. Board of Trustees , 717 S.W.2d 156, 158 (Tex. App.--Houston [1st Dist.] 1986, no writ).

    Cited 0 timesPublished
  • Carl M. Patton v. Employees Retirement System of Texas

    Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2007

    See Flores v. Employees Ret. Sys., 74 S.W.3d 532, 539 (Tex. App.—Austin 2002, pet. denied) (citing Texas State Bd. of Pharmacy v. Seely, 764 S.W.2d 806, 815 (Tex. App.—Austin 1988, writ denied); Madden v. … Co. v. Ademaj, No. 05-0016, 2007 Tex. LEXIS 1031, at *13 (Tex. Nov. 30, 2007); City of Marshall v. City of Uncertain, 206 S.W.3d 97, 105 (Tex. 2006).

    Cited 0 timesPublished
  • James Hicks v. State

    Texas Court of Appeals, 3rd District (Austin) · Jan 31, 2002

    Brown v. State, 911 S.W.2d 744, 747 (Tex. Crim. App. 1995); 3 Martinets, 884 S.W.2d at 187. … Brown, 911 S.W.2d at 747-48; Hackleman v. State, 919 S.W.2d 440, 444 (Tex. App.—Austin 1996, pet. ref’d, untimely filed); Martinets, 884 S.W.2d at 187.

    Cited 0 timesPublished
  • James Hicks v. State

    Texas Court of Appeals, 3rd District (Austin) · Jan 31, 2002

    Brown v. State , 911 S.W.2d 744, 747 (Tex. Crim. App. 1995); Martinets , 884 S.W.2d at 187 . … Brown , 911 S.W.2d at 747-48 ; Hackleman v. State , 919 S.W.2d 440, 444 (Tex. App.--Austin 1996, pet. ref'd, untimely filed); Martinets , 884 S.W.2d at 187 .

    Cited 0 timesPublished
  • John Zamora and PCM Investments, Inc. D/B/A Junior's Beer & Wine v. City of Austin

    Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2002

    Board of Adjustment v. Stovall , 216 S.W.2d 171, 172 (Tex. 1949); City of San Angelo v. Boehme Bakery , 190 S.W.2d 67, 69 (Tex. 1945). … As long as some evidence of substantive and probative character exists to support the board's decision, the board has not abused its discretion. Southwest Paper Stock, Inc. v.

    Cited 0 timesPublished
  • John Zamora and PCM Investments, Inc. D/B/A Junior's Beer & Wine v. City of Austin

    Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2002

    .@ Board of Adjustment v. Stovall, 216 S.W.2d 171, 172 (Tex. 1949); City of San Angelo v. Boehme Bakery, 190 S.W.2d 67, 69 (Tex. 1945). … .@ City of San Angelo v.

    Cited 0 timesPublished
  • Andrade v. NAACP of Austin

    287 S.W.3d 240 · Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

    (quoting Board of Water Eng’rs v. City of San Antonio, 155 Tex. 111 , 283 S.W.2d 722, 724 (1955)). Suits for equitable relief may be maintained against governmental entities for constitutional violations. … See Brown v. Todd, 53 S.W.3d 297, 302 (Tex.2001) (to have standing, plaintiff must allege “some injury distinct from that sustained by the public at large”).

    Reversed on other grounds by Andrade v. NAACP of Austin, 54 Tex. Sup. Ct. J. 1401 (2011)Cited 11 timesPublished
  • Carole Goldstein v. Villas on Travis Condominium Owners' Association, Inc. Board Pamela Hite Karla Given Michelle Bock Rick Sirles And Brenda Schroeder

    Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2019

    Goldstein was appointed (apparently by the counsel she hired) to serve as the board’s president. The appointment of the new board members also became the subject of a lawsuit, Compton v. … Bedford v. Spassoff, 520 S.W.3d 901, 904 (Tex. 2017) (per curiam).

    Cited 0 timesPublished
  • Daniel Lorenzo Wilson v. State

    Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2015

    Pawlak v. State, 420 S.W.3d 807 (Tx. Cr. App. 2013) ………………… 14 Reese v. State, 33 S.W.3d 238 (Tx. Cr. App. 2000) …………………….. 17-20 Sonnier v. State, 913 S.W.2d 511 (Tx. Cr. … Brown testified to the matters contained in the photograph rendered them unnecessary and irrelevant. In Jean v. State, No. AP-76,601, 2013 Tex. Crim. App. Unpub. LEXIS 785 (Tx. Cr.

    Cited 0 timesPublished
  • Bradford E. Larimore v. Employees Retirement System of Texas

    Texas Court of Appeals, 3rd District (Austin) · Jan 20, 2006

    While it is not the Board's function to reweigh the evidence and change adjudicative facts after a hearing before an ALJ, the Board may change adjudicative facts if they are improper under rule 67.91(b). Flores v. … Specifically, Larimore cites to Flores v. Employees Ret. Sys. of Tex. , 74 S.W.3d 532 (Tex. App.--Austin 2002, pet denied) and to Langford v. Employees Ret. Sys. of Tex. , 73 S.W.3d 560 (Tex. App.

    Cited 0 timesPublished
  • Joe Louis Booker, Jr. v. Michele L. Henricks

    Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2006

    Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 156 (Tex. 2004). … Bragg v. Edwards Aquifer Auth., 71 S.W.3d 729, 734 (Tex. 2002). In construing a statute, our objective is to determine and give effect to the legislature’s intent. City of San Antonio v.

    Cited 0 timesPublished
  • Glenn Tony Birdsong II v. State

    82 S.W.3d 538 · Texas Court of Appeals, 3rd District (Austin) · May 9, 2002

    Brown v. State, 617 S.W.2d 234, 236 (Tex. Crim. App. 1981); see also Henderson v. State, 13 S.W.3d 107, 109 (Tex. App.CTexarkana 2000, no pet.) … Brown, 617 S.W.2d at 236. The right may be waived when the defendant voluntarily takes the stand. Brumfield v. State, 445 S.W.2d 732, 735 (Tex. Crim. App. 1969).

    Cited 13 timesPublished
  • Byron D. Neely, Individually and Byron D. Neely, M.D., P.A. v. Nanci Wilson CBS Stations Group of Texas, L.P., D/B/A KEYE-TV And Viacom, Inc.

    Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2011

    ."); Green v. … See Harte-Hanks Comm'n v.

    Cited 0 timesPublished
  • Dwayne Perry v. State

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

    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00078-CR Dwayne Perry, Appellant v. … BROWN, JUDGE PRESIDING ORDER PER CURIAM Appellant’s brief on appeal was originally due on August 24, 2018.

    Cited 0 timesPublished
  • State v. John Allen Wachtendorf, Jr.

    Texas Court of Appeals, 3rd District (Austin) · Feb 12, 2015

    FILED IN 3rd COURT OF APPEALS § AUSTIN, TEXAS v … Parte Markum Woodrow Peavey WR- 70,212-03, 08-1604-K26A, Ex Parte Cory Dale Morgan WR-81,867-01, 12-1212- K368A, Ex Parte Stephen Farrell Eikelboom, WR-81,534-01, WR-81,534-02, WR- 81,534-03, Ex Parte Robert Brown

    Cited 0 timesPublished
  • Horacio Hoss Castillo v. State

    Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2012

    When Castillo failed to perfect judicial review of the board order, it became final and unappealable. See Jolly v. State, 856 S.W.2d 859, 860–61 (Tex. App.—Austin 1993, writ denied). … “A final order of the [Board] that is valid on its face is not subject to collateral attack in a subsequent enforcement proceeding.” Id. at 861; see Alamo Express, Inc. v.

    Cited 0 timesPublished

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