Case law
Opinions from 1658 to today.
2,255 results
0.89s
Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2020
be sufficient” on its own “to establish guilt.” … In fact, Officer Bujnoth related that the omissions and misrepresentations were so great that they qualified as tampering with a governmental record.
Cited 0 timesPublishedWaldrep v. Texas Employers Insurance Ass'n
21 S.W.3d 692 · Texas Court of Appeals, 3rd District (Austin) · Jul 27, 2000
The fact that the athletic department at TCU established practice and meeting times to be observed by those playing football does not establish that TCU had the right to direct and control all aspects of the players’ activities … Waldrep clearly presented evidence that TCU exercised direction or control over some of his activities while a student at the university.
Cited 52 timesPublished275 S.W.3d 74 · Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2008
Co., 118 U.S. 394 , 6 S.Ct. 1132 , 30 L.Ed. 118 (1886) (Privileges and Immunities clause extends to corporations). … 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
Cited 1 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 26, 2005
First, he argues that D.M.’s statements do not qualify as “excited utterances” so as to be excepted from the hearsay rule. See Tex. R. Evid. 803(2). … App. 2002). 18 made for the purpose of establishing or proving some fact.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 23, 2015
Therefore, the suit is barred by the well-established doctrine of sovereign immunity. 2 In addition to the points discussed below, the Utility Appellees adopt and incorporate … Scientists are not immune to the behavior.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 26, 2005
s statements do not qualify as "excited utterances" so as to be excepted from the hearsay rule. See Tex. R. Evid. 803(2). … He also challenges the factual sufficiency of the evidence establishing his identity as the person who committed the offenses.
Cited 0 timesPublished59 S.W.3d 821 · Texas Court of Appeals, 3rd District (Austin) · Oct 25, 2001
McIntyre's affidavit testimony to establish his eligibility for qualifying for protection under the Good Samaritan statute. Dr. … By the language of the statute, the legislature clearly intended to encourage physicians and other health care professionals in a hospitalto render emergency care.
Cited 1 timesPublishedSouthwestern Bell Telephone Co. v. Public Utility Commission
31 S.W.3d 631 · Texas Court of Appeals, 3rd District (Austin) · Dec 14, 2000
Qualified proceedings may be approved by an ALJ without a hearing or action by the Commission. … Had it not elected incentive regulation, SWBT would clearly be allowed to recoup this expense in rates.
Cited 37 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 13, 2015
Courts have clearly established that, absent a clear legislative directive, a statute should not be construed to produce an absurd or foolish result if it is reasonably susceptible to an alternative construction.26 Given … ESTABLISHING OVERALL REVENUES.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 19, 2005
The statute clearly gives the Commission broad authority to create rules governing the conduct of market participants in the BES and ancillary services market. … Indeed, some of the specific examples of market power abuses listed in the statute are clearly possible in the wholesale bilateral contracts market.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 16, 2015
To prove immunity the defendants must establish, defendants acted in 'good faith'. The element ofgood faith is generally pivotal issue in official immunity. … Fulmore a Kotery Public for said Counl d%l3 commissioned and qualified, personally appeared toe, Mary ~.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 7, 2016
R. 21a (establishing service requirements). … R. 21a (establishing requirements for service by mail).
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jan 29, 1998
Appellant asserts that the evidence is legally insufficient to establish an essential element of the offense of theft, the intent to permanently deprive the owner of the property. See Tex. Penal Code Ann. § 31.03 (a). … Appellant urges that Klenhest was not qualified to testify as to value since she had never bought or sold tractors.
Cited 0 timesPublishedTravis Central Appraisal District v. Diane Lee Norman
Texas Court of Appeals, 3rd District (Austin) · Oct 10, 2008
TCAD’s policy handbook provides, in relevant part, that “[a]n employee who has a complaint concerning disciplinary probation, suspension, termination, demotion, or denial of a promotion of a qualified employee . . . shall … Barfield, 898 S.W.2d 288, 296 (Tex. 1995) (holding that legislature waived political subdivisions’ immunity from suit for purpose of Anti-Retaliation Act), as well as private employers, see Kerrville State Hosp. v.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 19, 2005
Indeed, some of the specific examples of market power abuses listed in the statute are clearly possible in the wholesale bilateral contracts market. … This contention relies on language in the preamble to the rule that states, "[p]ricing in excess of marginal cost by a seller who is immune from the chastening hand of competition is an abuse of market power," and on additional
Cited 0 timesPublishedTravis Central Appraisal District v. Diane Lee Norman
Texas Court of Appeals, 3rd District (Austin) · Oct 10, 2008
TCAD's policy handbook provides, in relevant part, that "[a]n employee who has a complaint concerning disciplinary probation, suspension, termination, demotion, or denial of a promotion of a qualified employee . . . shall … Barfield , 898 S.W.2d 288, 296 (Tex. 1995) (holding that legislature waived political subdivisions' immunity from suit for purpose of Anti-Retaliation Act), as well as private employers, see Kerrville State Hosp. v.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 10, 2008
Bernad is not qualified to render an expert report in the case; and (ii) the expert report is wholly inadequate and fails to address the statutory elements and, specifically, the causation element. See id . § 74.351(b). … In that case, the plaintiff similarly relied on a single statement in the report to establish causation. 79 S.W.3d at 52-53 . In Bowie , the plaintiff sustained injuries in a car accident. Id . at 50.
Cited 0 timesPublishedSantiago Esquivel, Jr. v. State
Texas Court of Appeals, 3rd District (Austin) · May 17, 2001
A verdict may be set aside for factual insufficiency only if a finding of guilt beyond a reasonable doubt is clearly wrong and unjust. Clewis v. State , 922 S.W.2d 126, 129 (Tex. Crim. App. 1996); Stone v. … Of the seventeen alleged acts listed by appellant, only four arguably qualify as extraneous offenses.
Cited 0 timesPublishedBekins Van Lines, Inc. and Willis Permian Movers, Inc. v. Sherwin Kahn
Texas Court of Appeals, 3rd District (Austin) · May 22, 2025
And there was no indication in either case whether the carrier qualified as a household goods motor carrier, see 49 U.S.C. §§ 13501–13508 (concerning jurisdiction of motor carrier transportation), or a household goods freight … Willis likewise has not established that this is an “exceptional case” in which “it clearly appears from the record as a whole that the parties tried the unpleaded issue” by consent.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 10, 2008
Bernad is not qualified to render an expert report in the case; and (ii) the expert report is wholly inadequate and fails to address the statutory elements and, specifically, the causation element. … In that case, the plaintiff similarly relied on a single statement in the report to establish causation. 79 S.W.3d at 52-53. In Bowie, the plaintiff sustained injuries in a car accident. Id. at 50.
Cited 0 timesPublished
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