Case law
Opinions from 1658 to today.
2,255 results
1.44s
Texas 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 timesPublishedJames Gordon Casey v. Texas State Board of Medical Examiners
Texas Court of Appeals, 3rd District (Austin) · Aug 17, 1994
Casey testified that he is not qualified to do formal counseling. S.C. testified that during this period while she was his patient, she and Dr. Casey had sexual intercourse in several motels. S.C. explained what Dr. … McIntyre was asked to assume that a doctor-patient relationship is established and the doctor travels with the patient outside of the office setting and engages in sexual intercourse with that patient. Dr.
Cited 0 timesPublishedBob Honts and Herman "Tex" Moten, Sr. v. Jim Shaw and Mark A. Wallace
Texas Court of Appeals, 3rd District (Austin) · Sep 8, 1998
Section 43.001 provides that "[e]ach election precinct established for an election shall be served by a single polling place located within the boundary of the precinct ." Tex. Elec. … will has not been fairly expressed and the evidence thereof properly preserved, the courts have been liberal in construing and enforcing as directory only the provisions of the election laws which are not upon their face clearly
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jan 27, 2015
The presence of the intent qualifiers in (a)(1)-(a)(3), and (a)(6), of the statute show a troubling contrast with subsections (a)(4) and (a)(5). … Second, the law must establish determinate guidelines for law enforcement.
Cited 0 timesPublishedHigh Valley Homes, Inc. v. Douglas Fudge and Carolyn Fudge
Texas Court of Appeals, 3rd District (Austin) · Apr 17, 2003
High Valley's motion clearly sought to invoke paragraph 24. … First, the term "mediation" is qualified by the terms "mandatory" and "binding." These terms have specific, unambiguous meanings.
Cited 0 timesPublishedTexas Health Enterprises, Inc. D/B/A Terrace West Nursing Center v. Texas Department of Health
Texas Court of Appeals, 3rd District (Austin) · Oct 9, 1997
We believe that we cannot address this point of error without resort to the administrative record, which contains the documents establishing the relevant dates. … We believe that we cannot address this point of error without resort to the administrative record, which contains the documents establishing the relevant dates.
Cited 0 timesPublishedTiffany Latrice May v. Texas Department of Family and Protective Services
Texas Court of Appeals, 3rd District (Austin) · Apr 19, 2012
The record does not clearly indicate anyone seeking custody of the children other than T, although the caseworker was hoping to place the children with the boy's paternal grandfather. … There was also evidence that T continued to demand those services and materials despite being told that they would not be forthcoming or that she would need to take necessary steps to qualify for assistance. 6/7.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 11, 2005
A defendant is entitled to an instruction on self-defense if the issue is raised by the evidence, but if the evidence, viewed in the light most favorable to the defendant, does not establish self-defense, the defendant is … After some questions and answers about the discovery of the revolver in the van, appellant objected to the admission of the revolver itself as "not being relevant and its probative value is clearly outweighed by its prejudicial
Cited 0 timesPublished214 S.W.3d 567 · Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2006
Without objection, Guajardo was qualified as an expert witness. … The use of a hatchet to cause death would establish that the perpetrator acted with intent to cause death.
Abrogated on other grounds by Hooper v. State, 2007 Tex. Crim. App. LEXIS 102 (2007)Cited 28 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jan 8, 2026
DISCUSSION Mandamus is an extraordinary remedy and will issue only if the lower court has clearly abused its discretion and the relators have no other adequate remedy by appeal. In re H.E.B. … As the parties resisting discovery, Relators carried their burden of establishing a prima facie showing of privilege through these declarations because they establish the factual basis for the attorney-client privilege
Cited 0 timesPublishedTiffany Latrice May v. Texas Department of Family and Protective Services
Texas Court of Appeals, 3rd District (Austin) · Apr 19, 2012
The record does not clearly indicate anyone seeking custody of the children other than T, although the caseworker was hoping to place the children with the boy’s paternal grandfather. … There was also evidence that T continued to demand those services and materials despite being told that they would not be forthcoming or that she would need to take necessary steps to qualify for assistance. 6/7.
Cited 0 timesPublishedDavid Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc.
559 S.W.3d 537 · Texas Court of Appeals, 3rd District (Austin) · Jul 12, 2011
(movant's motion must clearly set out specific no-evidence challenge to elements of each cause of action). … Even if the plaintiff establishes that a defendant qualifies as a control person, the defendant will not be liable if the control person did not know and, in the exercise of reasonable care could not have known of the facts
Cited 9 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 11, 2005
A defendant is entitled to an instruction on self-defense if the issue is raised by the evidence, but if the evidence, viewed in the light most favorable to the defendant, does not establish self-defense, the defendant … After some questions and answers about the discovery of the revolver in the van, appellant objected to the admission of the revolver itself as “not being relevant and its probative value is clearly outweighed by its prejudicial
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jan 19, 1994
The statute clearly applies to a judicial proceeding in a "court." The parties join issue on whether the statute also applies to a contested-case proceeding in the Commission. We hold it clearly does not. … (g) Financial requirements established by the agency must at a minimum be consistent with the federal requirements established under the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Cited 0 timesPublishedthe City of Austin v. Donald Baker
Texas Court of Appeals, 3rd District (Austin) · Sep 13, 2016
Department of Labor established pursuant to the FMLA contain confidentiality requirements. 29 U.S.C. 2601, et seq. 29 C.F.R. § 825.500(g). … Any documents produced in this litigation, regardless of classification, which are provided to Qualified Persons of Paragraph 3(b) above, shall be maintained only at the office of such Qualified Person and only working
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 21, 2005
available; (2) the Legislature cannot impede access to the courts through unreasonable financial barriers; and (3) meaningful remedies must be afforded, ‘so that the legislature may not abrogate the right to assert a well-established … With the knowledge that each of these previous lawsuits has been dismissed on jurisdictional grounds, that appellees are generally entitled to sovereign immunity, and that the bonds are generally incontestible at this
Cited 0 timesPublishedJames Moses and Carmen Moses v. Frances Sanchez and Ray Sanchez
Texas Court of Appeals, 3rd District (Austin) · Jul 7, 1993
The extensive discussion by the litigants in this case regarding the substance of the motion in limine clearly establishes the context of the objection. … The jury was instructed on what qualified as evidence on several occasions and the court presented the charge which provided the legal rules to be followed in reaching a verdict.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 21, 2005
available; (2) the Legislature cannot impede access to the courts through unreasonable financial barriers; and (3) meaningful remedies must be afforded, 'so that the legislature may not abrogate the right to assert a well-established … With the knowledge that each of these previous lawsuits has been dismissed on jurisdictional grounds, that appellees are generally entitled to sovereign immunity, and that the bonds are generally incontestible at this point
Cited 0 timesPublishedCity of Marshall v. City of Uncertain
124 S.W.3d 690 · Texas Court of Appeals, 3rd District (Austin) · Oct 16, 2003
Cypress Creek flows into Caddo Lake, which has been designated a "Wetland of International Importance” by the Ramsar Bureau, an agency established by the international treaty known as the Ramsar Convention on Wetlands. … The legislature has clearly and expressly stated that notice and hearing are not required in other portions of the water code. See, e.g., Tex.
Cited 5 timesPublishedin Re John A. and Leslie J. Bollier
Texas Court of Appeals, 3rd District (Austin) · Jul 9, 2010
Covenants restricting the free use of land are not favored by the courts, but will be enforced if they are clearly worded and confined to a lawful purpose. Wilmoth v. … While AGS argues that the non-residential use of the Mobile Home Temple would also qualify as a violation of the Structure Restriction, such use violates only the Use Restriction (and perhaps another restriction specifically
Cited 0 timesPublished
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