Case law
Opinions from 1658 to today.
2,255 results
1.15s
the Comanche Nation and Jennifer Perry v. Joseph N. Fox and Patricia M. Fox
Texas Court of Appeals, 3rd District (Austin) · Feb 12, 2004
A final order was issued about a year later establishing a joint managing conservatorship between Perry and the Foxes. … visitation and possession—“effectively” terminated her parental rights, we conclude that a suit seeking to terminate parental rights is substantially different from a modification suit and that this case is clearly not a
Cited 0 timesPublished553 S.W.3d 679 · Texas Court of Appeals, 3rd District (Austin) · Jun 20, 2018
. §§ 6.01–.02 (establishing appraisal district in, and with boundaries coextensive with, each county). 4 See id. §§ 42.01, .21. … observed that the Code’s use of “market value” did not uniformly denote the conventional meaning of the price a willing buyer would pay a willing seller: Viewing tax code chapter 23 as a whole, the legislature clearly
Cited 4 timesPublishedSusan England v. Janice Kolbe, as Guardian of the Estate of Edna Moon
Texas Court of Appeals, 3rd District (Austin) · Nov 30, 2015
Mary clearly had " adequate time" to conduct discovery. … Governmental immunity from suit deprives CIV.
Cited 0 timesPublishedDr. Kim Elliot McMorries v. Texas Medical Board
Texas Court of Appeals, 3rd District (Austin) · Feb 16, 2023
“On cross-motions for summary judgment, each party bears the burden of establishing that it is entitled to judgment as a matter of law.” City of Richardson v. Oncor Elec. Delivery Co., 539 S.W.3d 252, 259 (Tex. 2018). … providing separate statute of limitations for “complaints involving an alleged violation of Section 22.011(b)(12), Penal Code”). 6 We therefore do not address whether the particular complaints against McMorries qualify
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 31, 2000
Thus, teachers' salaries for 1995-96 were not established until August 28, after the District's teachers had become contractually bound to the District for that school year. … The teachers' contracts, however, are clearly limited to one year and state that the teacher "shall be employed on a 183 day basis for school year 1995-96."
Cited 0 timesPublishedJames McArdle and Chung McArdle v. Eric Stahl
Texas Court of Appeals, 3rd District (Austin) · Jun 15, 2006
Stahl moved for summary judgment, asserting that the McArdles could not establish any duty on Stahl’s part that would make him liable for Threet’s conduct and that the McArdles could not establish the elements of a premises … Threet’s attack on Terence clearly qualifies as a superseding event under section 442 of the Restatement. See Restatement (Second) of Torts § 442; Pena, 990 S.W.2d at 754-55.
Cited 0 timesPublishedJames McArdle and Chung McArdle v. Eric Stahl
Texas Court of Appeals, 3rd District (Austin) · Jun 15, 2006
Stahl moved for summary judgment, asserting that the McArdles could not establish any duty on Stahl's part that would make him liable for Threet's conduct and that the McArdles could not establish the elements of a premises … Threet's attack on Terence clearly qualifies as a superseding event under section 442 of the Restatement. See Restatement (Second) of Torts § 442; Pena , 990 S.W.2d at 754-55 .
Cited 0 timesPublishedCombs v. STP Nuclear Operating Co.
239 S.W.3d 264 · Texas Court of Appeals, 3rd District (Austin) · May 1, 2007
Section 101.053(b)(4) establishes the independently procured insurance exemption. … A law is void for vagueness if its prohibitions are not clearly defined. Grayned v. City of Rockford, 408 U.S. 104 , 108, 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972).
Cited 32 timesPublishedChristopher Brian Roberts v. State
Texas Court of Appeals, 3rd District (Austin) · Apr 23, 2015
Well, I should have known that by doing this act, shooting a gun at somebody is clearly dangerous and can cause them, cause death to them. … White was not qualified as an expert and therefore, his testimony was that of a lay witness. TEX. R. EVID. 701.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 26, 1998
The Nature of the Guaranty Association The Guaranty Act established the Association to protect persons against failure in the performance of contractual obligations under certain forms of group and individual life, accident … Because GICs arose as investment vehicles for employee benefit plans, providing the option to purchase an annuity for an eligible plan participant clearly creates a mortality risk in that context.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 6, 2014
The rates of transmission and distribution utilities, on the other hand, are clearly still regulated, evidenced by the necessity of this ratemaking proceeding. … See Black’s Law Dictionary 597 (9th ed. 2009) (“eligible” defined as “legally qualified for an office, privilege, or status”).
Cited 0 timesPublishedT. D. v. Texas Department of Family and Protective Services
Texas Court of Appeals, 3rd District (Austin) · Jan 26, 2024
“[A] parent’s use of narcotics and its effect on his or her ability to parent may qualify as” endangering conduct. In re J.O.A., 283 S.W.3d 336, 346 (Tex. 2009). … She argues that the Department improperly elicited testimony that the children had not received their immunizations, but we need not consider this evidence in our sufficiency review to conclude that the evidence was sufficient
Cited 0 timesPublishedAndrew Morris v. Carrie Cecelia Veilleux
Texas Court of Appeals, 3rd District (Austin) · Sep 24, 2021
evidence for factual sufficiency, we consider and weigh all the evidence presented and will set aside the trial court’s findings only if they are so contrary to the overwhelming weight of the evidence such that they are clearly … During the option period, Morris and Veilleux learned that they did not qualify for the mortgage on their own so Roger Morris, Morris’s father, stepped in to assist Morris and Veilleux to buy the Condominium
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 2, 2015
Moreover, the statement did not create a waiver of sovereign immunity. … This raises a question of Sovereign Immunity, since the State has not waived its immunity generally. Each waiver must be in “express and unequivocal terms.”
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 15, 1995
CONSENT TO ENTER One of the specifically established exceptions to the requirements of both a warrant and probable cause is a search conducted pursuant to consent. Schneckloth v. … No waiver of constitutional immunity could be inferred from the singular act of opening the front door. Green v. State , 666 S.W.2d 291, 293 (Tex. App.--Houston [14th Dist.] 1984, no pet.).
Cited 0 timesPublishedJosephine Douglas-Peters v. James Nathaniel Peters
Texas Court of Appeals, 3rd District (Austin) · Mar 2, 2006
establish the child’s primary residence, ordered Peters to pay child support, and divided the property. … It appears that the Qualified Domestic Relations Order attached as appendix A to the divorce decree was never executed, requiring Douglas to bring legal action to receive her share of the stock options.
Cited 0 timesPublishedTexas 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.
Cited 0 timesPublishedJosephine Douglas-Peters v. James Nathaniel Peters
Texas Court of Appeals, 3rd District (Austin) · Mar 2, 2006
The divorce decree appointed Douglas and Peters joint managing conservators of their child, gave Douglas the exclusive right to establish the child's primary residence, ordered Peters to pay child support, and divided the … It appears that the Qualified Domestic Relations Order attached as appendix A to the divorce decree was never executed, requiring Douglas to bring legal action to receive her share of the stock options.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 9, 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."
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 9, 2006
February 2002; however, when she did complain the trips were either canceled or postponed.4 Ultimately, the jury found that 3 Section 1(e) of Ludwig’s severance agreement provides five instances that would qualify … 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.
Cited 0 timesPublished
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