Case law

Texas Health and Human Services Commission Tom Suehs, in His Official Capacity as the Executive Commissioner of Health and Human Services And Billy Millwee, in His Official Capacity as the Texas Medicaid Director v. Advocates for Patient Access, Inc. John Doe A, by and Through His Next Friend, Laura Garza John Doe B, by and Through His Next Friend, Nayeli Garza And Jane Doe A, by and Through Her Next Friend, Isabel Tijerina

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2013

Consequently, although clearly contrary to section 380.207’s terms, a practice developed whereby parents and guardians would authorize employees of EPSDT service providers to accompany their children during transportation … a probable right to recovery, and (6) parts (c) and (d) of the modified injunction improperly attempt to control state action, which is precluded by the doctrine of sovereign immunity.

Pearce v. City of Round Rock

78 S.W.3d 642 · Texas Court of Appeals, 3rd District (Austin) · Jun 21, 2002

The Board’s decision is presumed to be legal, and a party attacking it bears the burden of establishing that the Board clearly abused its discretion. See Pick-N-Pull Auto Dismantlers v. … DISCUSSION The central issue on appeal is whether any of appellants’ seven structures qualified as non-conforming structures at the time the City passed the sign ordinance.

Southwestern Bell Telephone Company v. Public Utility Commission of Texas Cities of Austin, Dallas, Fort Worth and Hereford Office of Public Utility Counsel And General Services Commission

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2000

Qualified proceedings may be approved by an ALJ without a hearing or action by the Commission. … Had it not elected incentive regulation, SWBT would clearly be allowed to recoup this expense in rates.

William Alexander Roper, Jr. v. CitiMortgage, Inc.

Texas Court of Appeals, 3rd District (Austin) · Nov 27, 2013

The deed of trust clearly established MERS’s role as nominee for the original lender and its successors and assigns, which includes CitiMortgage. … by suit or have been rejected and may yet be established.

A. H. and J. R. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

Code Ann. § 160.001(1)(E); In re J.F.C., 96 S.W.3d at 266; see also In re J.O.A., 283 S.W.3d 336, 346 (Tex. 2009) (“[A] parent’s use of narcotics and its effect on his or her ability to parent may qualify as an endangering … R.] is clearly imploring the juror to do all he can to help him. There’s no doubt we can infer that that’s what occurred.

Jose Antonio Nasipak v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2022

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 v. State, 86 S.W.3d 228, 230 (Tex. Crim. … Id. § 43.25(a)(5).1 Making child pornography available for others to access and download through peer-to-peer file-sharing software qualifies as “dissemination” or “distribution” of child pornography. See Wenger v.

A. H. and J. R. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · May 18, 2012

Code Ann. § 160.001 (1)(E); In re J.F.C. , 96 S.W.3d at 266 ; see also In re J.O.A. , 283 S.W.3d 336, 346 (Tex. 2009) ("[A] parent's use of narcotics and its effect on his or her ability to parent may qualify as an endangering … Because dad's communication clearly in the law would require me to find probable harm. That is to say, he's lobbying a juror; he wins the case; the other side is entitled to a new trial.

Jerome J. Isaac and Michelle P. Isaac v. Vendor Resource Management, Inc. Mortgage Electronic Registration Systems, Inc. And CitiMortgage, Inc.

Texas Court of Appeals, 3rd District (Austin) · Feb 2, 2015

Holmes, BRIEF OF APPELLANTS 24 there be no foreclosure attempt without clearly established authority for the Assignment or Appointment. … (c) Notwithstanding any other law, a purported judgment lien or document establishing or purporting to establish a judgment lien against property in this state, that is issued or purportedly issued by a court

James Russell Faglie v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 22, 2019

App. 2016); see Henley, 493 S.W.3d at 83 (“Before a reviewing court may reverse the trial court’s decision, ‘it must find the trial court’s ruling was so clearly wrong as to lie outside the zone within which reasonable … the nurse’s testimony in front of the jury, arguing that the predicate for the hearsay exception had not been satisfied.5 Specifically, appellant asserted that the statements that J.F. made to Nurse Butterworth did not qualify

ALON USA, LP v. State

222 S.W.3d 19 · Texas Court of Appeals, 3rd District (Austin) · May 3, 2007

The court did not question Conoco’s ability to apply a setoff against Centergas’ debt since the mutuality of obligations clearly *30 existed in this ease: the demand Conoco had against Centergas for purchases of inventory … Alon would have incurred no liability if it had operated in this way, as established in its contract.

Nathan Bryan v. Human Power of N Company

Texas Court of Appeals, 3rd District (Austin) · Feb 23, 2024

Bryan and other shareholders approved the adoption of a “2013 Non-Qualified Stock Option Plan” (the “Option Plan”) for the Company. … Neel, 982 S.W.2d 881, 888–89 (Tex. 1998) (explaining that “covenant will not be implied unless it appears from the express terms of the contract that ‘it was so clearly within the contemplation of the parties that they

Cynthia Walker, Individually and on Behalf of the Estate of Norman Walker Stephen Walker Stephanie Walker Hatton Jordan Walker And Caren Ann Johnson v. UME, Inc. D/B/A Camp Huaco Springs WWGAF, Inc. D/B/A Rockin 'R' River Rides William George Rivers And Richard Duane Rivers

Texas Court of Appeals, 3rd District (Austin) · Oct 28, 2015

readable sign in a clearly visible location on or near the premises. … (f) This chapter does not waive sovereign immunity.

Nucor Steel-Texas v. Public Utility Commission

363 S.W.3d 871 · Texas Court of Appeals, 3rd District (Austin) · Mar 15, 2012

However, Nucor has referred to no statute, rule, or case concluding that proposed testimony from an expert witness who was hired by the Commission Staff qualifies as a public record. … (discussing adoption of non-unanimous stipulation in rate context and stating that adoption is proper if agency makes finding that proposal will establish reasonable rates for area (quoting Mobil Oil Corp. v.

Austin Traffic Signal Construction Co., L.P., D/B/A ATS Electrical Contractors' Cajun Constructors, Inc. Liberty Mutual Insurance Company And Fidelity and Guaranty Insurance Underwriters, Inc. v. Transdyn Controls, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 24, 2010

ATS asked Transdyn, one of four city-qualified PICS suppliers, to submit a proposal to supply the PICS for the Walnut Creek project. … We will set aside the judgment only if the finding is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).

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

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2005

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 … The jury’s finding on causation is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. See Cain, 709 S.W.2d at 176.

Austin Traffic Signal Construction Co., L.P., D/B/A ATS Electrical Contractors' Cajun Constructors, Inc. Liberty Mutual Insurance Company And Fidelity and Guaranty Insurance Underwriters, Inc. v. Transdyn Controls, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 24, 2010

ATS asked Transdyn, one of four city-qualified PICS suppliers, to submit a proposal to supply the PICS for the Walnut Creek project. … The Court: Establish what personal knowledge, if any, he has or what other knowledge he might have. Transdyn's counsel: Sure, Your Honor. And he's our corporate representative.

Christopher P. Smith v. Patricia K. Detrich

Texas Court of Appeals, 3rd District (Austin) · Jan 13, 2010

court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact; (c) the evidence offered to prove a vital fact is no more than a mere scintilla; [or] (d) the evidence establishes … There was also evidence that, after retirement, Smith sought jobs only in the human-resources, project-management, and operations-management fields, yet admitted that he was not currently qualified for those jobs.

County of Reeves v. Texas Commission on Environmental Quality and Town of Pecos City

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

Lonnie H. Mansolo v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 30, 2026

Notably, although indecency with a child by sexual contact may serve as a predicate offense for continuous sexual abuse, indecency by breast-touching is explicitly excluded from the list of qualifying statutes. … “Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt.” Acosta v. State, 429 S.W.3d 621, 625 (Tex.

Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC

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

But a “long-established practice” does not justify a rule that denies statutory text its fairest reading. … * Respondents do not claim that Wilder establishes precedent for a private cause of action in this case.