Case law
Opinions from 1658 to today.
2,255 results
0.95s
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.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 24, 2008
Specifically, they argue that the auditor, Fuller, was not qualified to give an opinion concerning the defendants' tax liability and that the figures used to calculate tax liability in the audit were inaccurate. … We set aside a finding for factual insufficiency if it is "so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust." Cain , 709 S.W.2d at 176 .
Cited 0 timesPublished298 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
Cited 31 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jun 11, 2021
He did not feel fully qualified to interpret EEGs on his own, so he would often ask other physicians for help. At one point, Dr. … Lowry wanted the consultations in part because he admittedly is not “qualified to interpret all EEGs” himself.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 19, 2022
This restriction is unambiguous in that it clearly prohibits any business activity that is detectable from outside the residence. … Moreover, Tarr’s use does not qualify as a commercial use.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 24, 2008
We set aside a finding for factual insufficiency if it is “so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.” Cain, 709 S.W.2d at 176. … The State thereby established a prima facie case for collection of the delinquent taxes from Noorani. See id.
Cited 0 timesPublishedViolanda Soledad v. Texas Farm Bureau Mutual Insurance Company
Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2016
Because Amy's right to trial by jury is clearly established under Texas law, the trial court did not err in affording her that right. … Exceptions to the venue statute must be strictly construed and clearly established before a defendant can be deprived of the right to be sued in the county of his domicile. National Life Co. v.
Cited 0 timesPublishedSandra Tobias and Aaron R. Tobias v. Joseph David Marks
Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2021
Evidence is factually insufficient if the court’s ruling is so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. Goodson, 214 S.W.3d at 756. … awarding attorneys’ fees to mother, even though it otherwise abused its discretion when setting amount of child-support award to mother, because mother prevailed on “the trial court’s underlying determination that the child qualifies
Cited 0 timesPublishedLincoln John Belle, Jr. v. State
Texas Court of Appeals, 3rd District (Austin) · Aug 31, 1998
A special plea, though properly sworn to, constitutes only a pleading and does not establish as true the issues of fact alleged therein. See State v. Groves , 837 S.W.2d 103, 106 (Tex. Crim. App. 1992); Anderson v. … Appellant admits that "the events objected to . . . may have occurred in a time frame close enough to the primary offense or the arrest to qualify as 'res gestae'."
Cited 0 timesPublishedDutchmen Manufacturing, Inc. v. Texas Department of Transportation, Motor Vehicle Division
Texas Court of Appeals, 3rd District (Austin) · Aug 17, 2012
Dep't of Transp., Decisions) (establishing that complaint must be dismissed if vehicle does not qualify for replacement or repurchase under lemon law, but director may order repair work to be performed or other action taken … statutory 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
Cited 0 timesPublishedDustin Anthony Simmang v. State
Texas Court of Appeals, 3rd District (Austin) · Sep 11, 2013
man and a woman, with the person who was shoving the other person being a man and the person who was pushed into the SUV being a woman. 5 Appellant objected to this testimony, asserting that Stone was not qualified … Appellant then moved for a mistrial, which the court denied.11 After establishing his credentials as an expert in gang and tattoo identification,12 Deputy Cline testified about his experience with various
Cited 0 timesPublishedRichard Patrick Fagerberg v. Steve Madden, Ltd. SXSW, Inc. and W3 Event Specialists, Inc.
Texas Court of Appeals, 3rd District (Austin) · Jul 3, 2015
In response to W3’s motion, Fagerberg produced a copy of the contract between Stubb’s and W3, in which W3 agreed to provide trained and qualified “guard protection services” and to assess the venue’s security needs; design … individual is a third-party beneficiary to a contract only if the parties to the contract “intended to secure a benefit to the third party,” the parties entered into the contract for the third party’s benefit, and the contract clearly
Cited 0 timesPublishedVivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez
Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2015
Breall, a board-certified cardiologist with over 20 years of experience, is somehow not qualified to opine on the issues relevant to this case (CR 43). … Breall clearly provides that the standard of care was for Pradaxa to be discontinued but that in a clearly delineated breach of that standard, Pradaxa was not discontinued due to the acts or omissions of Dr.
Cited 0 timesPublishedthe Texas Commission on Environmental Quality and Waste Control Specialists, LLC v. Sierra Club
Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2014
An interest common to members of the general public does not qualify as a personal justiciable interest. ... … • Section 55.256(c)(2)—“[T]here are no established distance restrictions or other limitations imposed by law on an affected interest.”
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 11, 2004
The Commission altered the provisions for adjusting the fuel-factor adjustment, lengthening the NYMEX monitoring period to twenty consecutive trading days, and increasing the gap necessary to qualify for a fuel factor adjustment … To the extent headroom is initially insufficient to allow non-affiliated REPs to compete for price to beat customers in a particular area, competition will clearly not take hold until the market price of generation falls.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 15, 2013
In the court’s hypothetical, the store clerk at trial identifies A as the robber, but a properly authenticated surveillance videotape clearly shows that B committed the robbery. Id. at 907. … It may not be conditional, qualified, speculative, inconclusive, or ambiguous.” Reese v. State, 773 S.W.2d 314, 317 (Tex. Crim. App. 1989).
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 11, 2004
Reliant contended that the Commission erroneously failed to establish headroom.4 See Reliant, 62 S.W.3d at 836-37. This Court sustained the 2001 rule. … To the extent headroom is initially insufficient to allow non-affiliated REPs to compete for price to beat customers in a particular area, competition will clearly not take hold until the market price
Cited 0 timesPublishedJoe M. Baragas and Randall McLerran v. Coupland State Bank
Texas Court of Appeals, 3rd District (Austin) · Nov 29, 2001
Negotiations and competitive bidding were 9 clearly involved in the actual sales of this equipment. … We hold that, on these facts, the Bank’s sales in this case do not qualify as judicial dispositions.
Cited 0 timesPublishedMatthew David Isam v. Alyssa Nicole Isam
Texas Court of Appeals, 3rd District (Austin) · Apr 25, 2025
In reviewing factual sufficiency, we consider all the evidence in a neutral light and set aside the finding only if the evidence is so weak as to make the finding clearly wrong and manifestly unjust. See Dow Chem. … A parent’s use of illegal drugs and the effect on his life and parenting ability may establish endangering conduct under subsection (E).
Cited 0 timesPublishedJoe M. Baragas and Randall McLerran v. Coupland State Bank
Texas Court of Appeals, 3rd District (Austin) · Nov 29, 2001
Negotiations and competitive bidding were clearly involved in the actual sales of this equipment. … We hold that, on these facts, the Bank's sales in this case do not qualify as judicial dispositions.
Cited 0 timesPublished
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