Case law

Democracy Coalition, Stefan Wray, Risako Kurono, Matthew Korn, Kristan Barber, Chandra Ward, Kristin Richardson, Lucinda Beringer, Sonia Santana, Douglas Foxvog, Ann Stark, and Susana Almanza v. the City of Austin

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … What=s required is notice to the municipality of, >You knew or should have know that this is . . . clearly in violation of someone=s rights.=@ The City relied on Pineda v.

David McDonald v. Diana Dankworth

Texas Court of Appeals, 3rd District (Austin) · May 5, 2006

However, Dankworth later qualified these assertions by claiming that, even while looking away, she could still see McDonald’s truck “in the corner of my eye.” … In light of this testimony, we cannot say that the evidence is so one-sided that the jury’s contributory negligence finding is clearly wrong or manifestly unjust.

Crae Robert Pease v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 9, 2007

error, Pease asserts that the jury charge authorized a non-unanimous verdict, challenges the legal and factual sufficiency of the evidence, and claims that his conviction is “null and void” because the trial judge was not qualified … But while jury unanimity is 3 required as to the essential elements of the offense, if the statute in question establishes different modes or means by which the offense

Crae Robert Pease v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 9, 2007

error, Pease asserts that the jury charge authorized a non-unanimous verdict, challenges the legal and factual sufficiency of the evidence, and claims that his conviction is "null and void" because the trial judge was not qualified … But while jury unanimity is required as to the essential elements of the offense, if the statute in question establishes different modes or means by which the offense may be committed, unanimity is generally not required

Jesus Mendez v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2021

ref’d) (noting that prior cases “establish the difficulty that can arise in identifying the proper outcry witness, and the broad discretion of district courts in making this determination”). … Under 9 that standard, a trial court’s ruling will only be deemed an abuse of discretion if it is so clearly wrong as to lie outside “the zone of reasonable disagreement,

Victor Leon v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 27, 2021

Under that standard, a trial court’s ruling will only be deemed an abuse of discretion if it is so clearly wrong as to lie outside “the zone of reasonable disagreement,” Lopez … Courts have held that statements given to a SANE during a forensic examination can qualify for admission under Rule 803(4). See San German-Reyes v. State, No. 03-15-00432-CR, 2017 WL 2229873, at *11 (Tex.

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Texas Court of Appeals, 3rd District (Austin) · Nov 23, 2015

Hines’ services clearly constituted the practice of veterinary medicine. … NCSBDE asserted state-action immunity.

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

182 S.W.3d 393 · Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2005

When conducting a factual sufficiency review, we examine the entire record and set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. … Quoting Howard, the Department maintains that the call was merely an “inquiry” and that, because Howard was only seeking “opinions” regarding the “legality/validity” of the Department’s practices, the call does not qualify

Springs Window Fashions Divisions, Inc. Springs Window Fashions, L.P. And SWF, Inc. D/B/A SC-SWF, Inc. v. the Blind Maker, Inc.

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

All preferred fabricators would receive advertising funds equal to 2% of qualified purchases and sales funds 11  equal to 1.5% of qualified purchases … Gold preferred fabricators only would receive event funds equal to .5% of qualified purchases. !

Kevin Tarr v. Lantana Southwest Homeowners' Association, Inc.

Texas Court of Appeals, 3rd District (Austin) · Mar 17, 2015

Thus, the HOA’s summary judgment burden was to establish conclusively that Mr. … But the HOA has manifestly failed (or even attempted) to establish that Mr. Tarr’s use of the property does not qualify as a group home for handicapped persons.

Ricki Diann Rosen, as Independent of the Estate of Daniel H. Rosen v. Wells Fargo Bank Texas, N.A., as Trustee of the Rachael Leigh Rosen Trust and the Dorian Rosen Trust, and as Guardian of the Estates of Rachael Leigh Rosen and Dorian Rosen And Eileen Rosen as Custodian of Rachael Leigh Rosen

Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

assets payable to my testamentary Trustee) as will be equal to the maximum marital deduction . . . diminished by the value for Federal estate tax purposes of all other items in my gross estate which qualify … All of these cases are clearly distinguishable. Both I and the majority have been unable to find a single case, like this one, where the specific bequests and trusts all favored a single beneficiary.

Springs Window Fashions Divisions, Inc. Springs Window Fashions, L.P. And SWF, Inc. D/B/A SC-SWF, Inc. v. the Blind Maker, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2005

All preferred fabricators would receive advertising funds equal to 2% of qualified purchases and sales funds equal to 1.5% of qualified purchases. … Gold preferred fabricators only would receive event funds equal to .5% of qualified purchases. A margin improvement fund, or monthly credit based on a percentage of a fabricator's volume of qualified purchases.

Springs Window Fashions Divisions, Inc. Springs Window Fashions, L.P. And SWF, Inc. D/B/A SC-SWF, Inc. v. the Blind Maker, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2005

It was established in 1981 by Ray Hicks, its president and sole shareholder. … All preferred fabricators would receive advertising funds equal to 2% of qualified purchases and sales funds equal to 1.5% of qualified purchases.

Ricki Diann Rosen, as Independent of the Estate of Daniel H. Rosen v. Wells Fargo Bank Texas, N.A., as Trustee of the Rachael Leigh Rosen Trust and the Dorian Rosen Trust, and as Guardian of the Estates of Rachael Leigh Rosen and Dorian Rosen And Eileen Rosen as Custodian of Rachael Leigh Rosen

Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

Article IV of Rosen=s Will established the Daniel Hunt Rosen Marital Trust (the AMarital Trust@): C. … All of these cases are clearly distinguishable. Both I and the majority have been unable to find a single case, like this one, where the specific bequests and trusts all favored a single beneficiary.

Tony Dinwiddie v. Margaret Danielle Pottin and Jennifer Ann Francis

Texas Court of Appeals, 3rd District (Austin) · Apr 15, 2022

.; see also In re A.C., 560 S.W.3d 624, 626 (Tex. 2018) (“Proceedings to terminate the parent-child relationship implicate rights of constitutional magnitude that qualify for heightened judicial protection.”); In re E.R … And clearly it states on the paper. So I gave him—I told him, yeah, it can be revoked, Tony. It can go back. Nothing has changed as you being a father.

Springs Window Fashions Divisions, Inc. Springs Window Fashions, L.P. And SWF, Inc. D/B/A SC-SWF, Inc. v. the Blind Maker, Inc.

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

All preferred fabricators would receive advertising funds equal to 2% of qualified purchases and sales funds equal to 1.5% of qualified purchases. … Gold preferred fabricators only would receive event funds equal to .5% of qualified purchases. A margin improvement fund, or monthly credit based on a percentage of a fabricator's volume of qualified purchases.

Cox v. Cox

298 S.W.3d 726 · Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2009

The parties agree that John meets the first two elements; thus we focus our analysis on whether John has established that (a) he did not participate in the hearing resulting in the judgment and (b) error is apparent on the … (appellant participated in hearing resulting in final divorce decree, but did not participate in proceedings resulting in clarification order, amended qualified domestic relations orders, and stock division order at issue

Scott Kenneth Higley v. Elesa Jo Jorgensen

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

When conducting a factual-sufficiency review, we consider all the record evidence and set aside the trial court’s order only if the evidence is so weak as to make the order clearly wrong and manifestly unjust. … “However, not every change in a party’s income will qualify as a material and substantial” change, “and instead, what is required is ‘a marked decrease in income or steady decline without offsetting circumstances.’”

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2015

of an ability and willingness to perform an act listed in Paragraph (A); (C) the use of a title, a word, or letters to induce the belief that a person is legally authorized and qualified … The trial court’s ruling grants discretion to the Board in contravention of the Legislature’s clearly expressed intent.

Ricki Diann Rosen, as Independent of the Estate of Daniel H. Rosen v. Wells Fargo Bank Texas, N.A., as Trustee of the Rachael Leigh Rosen Trust and the Dorian Rosen Trust, and as Guardian of the Estates of Rachael Leigh Rosen and Dorian Rosen And Eileen Rosen as Custodian of Rachael Leigh Rosen

Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

including any non-probate assets payable to my testamentary Trustee) as will be equal to the maximum marital deduction . . . diminished by the value for Federal estate tax purposes of all other items in my gross estate which qualify … All of these cases are clearly distinguishable. Both I and the majority have been unable to find a single case, like this one, where the specific bequests and trusts all favored a single beneficiary.