Case law

Kristopher Roth v. State

Texas 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.).

Prabhakar Gopalan v. Andrea Marsh

Texas Court of Appeals, 3rd District (Austin) · Jan 23, 2025

I, § 19 (“[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”) (emphasis added). … “Meeting this burden requires tracing and clearly identifying the property in question as separate by clear and convincing evidence.” Id.; see Tex. Fam.

Joseph E. Boullt v. Joe Smith, Jack Doe and Johnson Equipment Company

Texas Court of Appeals, 3rd District (Austin) · Oct 21, 2004

Boullt alleges the following errors in the trial court’s granting of summary judgment: (1) Boullt established appellees’ negligence as a matter of law; (2) Boullt established “negligence per se”; (3) Boullt was no longer … Here, Boullt’s initial injury was clearly work-related, and Boullt does not argue otherwise.

Robert G. Morris, D.V.M. and Joyce M. Morris v. Kallie Jo Kohls-York, Individually and D/B/A Kallie-Harie Reds and Brenda Behring, Individually and D/B/A South Central Texas Boer Goats

Texas 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. Goodenbour , 64 S.W.3d 69, 75 (Tex. … The embryo transfer and implantation services entailed surgical procedures that Robert Morris, as a licensed veterinarian, was solely qualified to provide. Joyce Morris, as an embryologist, assisted in those procedures.

Joyce Ludwig v. Encore Medical, L.P. F/K/A Encore Orthopedics, Inc. Encore Medical GP, Inc. And Encore Medical Corporation

Texas 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."

Joseph E. Boullt v. Joe Smith, Jack Doe and Johnson Equipment Company

Texas Court of Appeals, 3rd District (Austin) · Oct 21, 2004

Boullt alleges the following errors in the trial court's granting of summary judgment: (1) Boullt established appellees' negligence as a matter of law; (2) Boullt established "negligence per se"; (3) Boullt was no longer … Here, Boullt's initial injury was clearly work-related, and Boullt does not argue otherwise.

Griffin v. Birkman

266 S.W.3d 189 · Texas Court of Appeals, 3rd District (Austin) · Sep 17, 2008

London observed that the abuse-of-discretion standard is a review-limiting device, that, within limits, immunized from appellate revision the choice made by the trial court in a particular case. … The language in the Texas Constitution establishing the "County Commissioners Court” does not use an apostrophe in “Commissioners.” See Tex. Const art. V, § 18; 35 David B.

Brandon Antony Rogers v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2008

. §§ 621.001-.508 (governing vehicle size and weight and establishing maximum load height of 14 feet), 622.001-.953 (containing special provisions for oversize and overweight vehicles), 623.001-.219 (relating to permits … Membership Corp. explained that the statute confers immunity even if the utility fails to maintain its lines at the required height. 566 S.E.2d 356, 360-61 (Ga. Ct.

Employees Retirement System of Texas and Minnesota Life Insurance Company v. LaRae Walker

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 2022

provision, (2) exceed the agency’s statutory authority, (3) were made through unlawful procedure, (4) are affected by other error of law, or (5) are arbitrary or capricious or characterized by abuse of discretion or clearly … We first address Walker’s argument that McCutcheon’s deposition testimony should not have been considered because he was “not qualified to render any opinion in this case” because he is not a doctor and could not opine

River City Drywall, LLC v. Eric Hanlon and Nalinh Hanlon

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2018

evidence of a vital fact; (2) the law precludes consideration of the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a scintilla; or (4) the evidence conclusively establishes … 4 evidence supporting a finding for which it did not have the burden of proof, we may set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly

Emanuel Matthew Williams, Jr. v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 27, 2026

be sufficient” on its own “to establish guilt.” … Further, she provided more general descriptions of incidents that happened on multiple occasions that also qualified as acts of sexual abuse as alleged.

Gilbert Chapoy v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 22, 1994

First, the lesser included offense must be included within the proof necessary to establish the offense charged. … There was no violation of the "clearly erroneous" standand. Point of error nine is overruled. The judgment is affirmed. John F. Onion, Jr., Justice Before Justices Kidd, B. A.

County of Reeves v. Texas Commission on Environmental Quality

266 S.W.3d 516 · Texas Court of Appeals, 3rd District (Austin) · Sep 17, 2008

The petition requested the establishment of interim rates pending the TCEQ’s final decision and “the establishment of rates that are just and reasonable.” … Instead, the court has held that such requirements must be applied in light of their underlying purposes of enabling verification of the signatures as those of registered voters eligible to vote for the office and thereby qualified

Daimler-Benz Aktiengesellschaft v. Scott Olson, Individually and as Independent of the Estate of Karen L. Olson and Vickie Olson

Texas Court of Appeals, 3rd District (Austin) · Jun 15, 2000

Giving conclusive effect to these statements is consistent with the policy that a party should not be allowed to prevail on its assertions after clearly negating those assertions before a judicial tribunal. … The parties stipulated that MBNA is qualified to do business in Texas. As mentioned above, the parties stipulated that MBNA advertises U.S.

Roy Garcia v. State

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

According to Williamson, in order to qualify for assistance in relocating, the victim of an assault must demonstrate that she is fearful of having further contact with her assailant. … Williamson testified that Cooper qualified for such assistance, and she also explained that in her opinion, Cooper was afraid of being located by her assailant.

Roy Garcia v. State

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

According to Williamson, in order to qualify for assistance in relocating, the victim of an assault must demonstrate that she is fearful of having further contact with her assailant. … Williamson testified that Cooper qualified for such assistance, and she also explained that in her opinion, Cooper was afraid of being located by her assailant.

Timothy Onkst v. Jennifer Onkst

Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2015

Because the trial court should have considered this evidence, the decision of the trial court is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. … The trial court did not appoint Timothy Onkst counsel for the protective order and enforcement actions despite the fact that he qualified for legal assistance and had requested it.

John L. Wiley and Randi Wiley v. William H. Carmean and Linda D. Carmean Thomas R. Page Edward J. Mitschke, Jr. Texas Country Title Co. And Chicago Title Insurance Company

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 6 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

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

Texas Court of Appeals, 3rd District (Austin) · Dec 4, 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”).

Williams v. State

257 S.W.3d 426 · Texas Court of Appeals, 3rd District (Austin) · Jun 6, 2008

We clearly believe falling contributed. We clearly believe being ejected from a swing contributed. We clearly believe slipping in the bathtub contributed. Falling on the bleachers contributed. … Right to Terminate Questioning The right to terminate questioning is among the procedural safeguards that Miranda establishes. Miranda, 384 U.S. at 474 , 86 S.Ct. 1602 .