Case law

City of Austin v. Ronnie Esparza

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

For factual sufficiency challenges, reviewing courts “must consider and weigh all the evidence, and should set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong … In other words, Esparza argues that he would have been unable to perform the work for the limited set of jobs that he was qualified for.

Texas Board of Chiropractic Examiners Patricia Gilbert, in Her Official Capacity as the Board's Executive Director And Texas Chiropractic Association v. Texas Medical Association

566 S.W.3d 776 · Texas Court of Appeals, 3rd District (Austin) · Nov 21, 2018

evidence, both supporting and against the finding, and will set aside a finding only if it is so against the great weight and 7 preponderance of the evidence as to be clearly … The professional component of these procedures 15  may not be delegated to a technician and must be directly performed by a qualified licensee. 22 Tex. Admin.

Roger Thomas Scaggs v. State

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

I was somewhat surprised that she was selected, but throughout the testimony and deliberation my opinion changed and I felt that she was qualified. … On appeal, the Ford court held "the record reflects that appellant was clearly objecting 'to any and all impact evidence' as 'to all witnesses testifying to such.

Nucor Steel - Texas, a Division of Nucor Corporation v. Public Utility Commission of Texas, Oncor Electric Delivery Company and Texas Energy Future Holdings Limited Partnership

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.

City of Austin v. Ronnie Esparza

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

For factual sufficiency challenges, reviewing courts "must consider and weigh all the evidence, and should set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong … In other words, Esparza argues that he would have been unable to perform the work for the limited set of jobs that he was qualified for.

Grocers Supply Co., Inc. v. Sharp

978 S.W.2d 638 · Texas Court of Appeals, 3rd District (Austin) · Nov 30, 1998

In addressing Grocers Supply’s contentions we must at all times be mindful of two immutable facts: (1) The supreme court in British-American clearly and unequivocally held that for a contract to qualify for the exemption … Furthermore, the Comptroller’s eventual reversion to established precedent should not have come as a surprise to Grocers Supply.

Pedernales Electric Cooperative, Inc. v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · May 8, 1991

Cassin then stated his position -- he wanted to reestablish the voltage differential and to establish seasonal rates. … Varon did testify under a subpoena, after being assured of protection and immunity by a court. The testimony began in Wichita Falls, the hearing was then moved to Austin, then to Dallas.

Jeffrey Fields v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2005

Such evidence is not relevant, however, if the State's direct evidence clearly establishes the intent element and that evidence is not contradicted by appellant nor undermined by appellant's cross-examination of the State's … That appellant conceded to being the source of the semen stains only established his identity, not his intent.

Jeffrey Fields v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2005

Such evidence is not relevant, however, if the State’s direct evidence clearly establishes the intent element and that evidence is not contradicted by appellant nor undermined by appellant’s cross-examination of the State … That appellant conceded to being the source of the semen stains only established his identity, not his intent.

Texas Department of Public Safety v. Thomas Williams

Texas Court of Appeals, 3rd District (Austin) · Feb 19, 2010

In addition, Williams observed that qualified African-Americans and women who applied to GPD were not being hired due to their race or sex.2 Williams voiced his complaints to his immediate supervisors and to Captain Chris … The jury’s award falls well within this range, and the result is not so contrary to the overwhelming weight of the evidence that it is clearly wrong and unjust.

Texas Department of Public Safety v. Thomas Williams

Texas Court of Appeals, 3rd District (Austin) · Feb 19, 2010

In addition, Williams observed that qualified African-Americans and women who applied to GPD were not being hired due to their race or sex. (2) Williams voiced his complaints to his immediate supervisors and to Captain Chris … The jury's award falls well within this range, and the result is not so contrary to the overwhelming weight of the evidence that it is clearly wrong and unjust.

James Hansen v. Lonnie Roach and Bemis, Roach & Reed

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

The Winding up procedures are established in §11.052. … Section 11.052 clearly provides that the business does continue to the extent necessary to wind up its business, which in 32 this instance

Roland F. Chalifoux, Jr., D.O. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.

Texas Court of Appeals, 3rd District (Austin) · Jun 2, 2006

Chalifoux performed did not establish the adequacy of the cross flow of blood in E.F.'s brain. Moreover, Dr. … The allegation clearly refers to all of Dr. Chalifoux's postoperative treatment of A.J.; it is not limited to Dr.

Roland F. Chalifoux, Jr., D.O. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.

Texas Court of Appeals, 3rd District (Austin) · Jun 2, 2006

Chalifoux performed did not establish the adequacy of the cross flow of blood in E.F.’s brain. Moreover, Dr. … The allegation clearly refers to all of Dr. Chalifoux’s postoperative treatment of A.J.; it is not limited to Dr.

James Neill Wilkerson v. Robert F. Flinn and Wife Charlotte Flinn

Texas Court of Appeals, 3rd District (Austin) · Oct 21, 1992

Although Wilkerson expressed his dissatisfaction with the proposed judgment in the March 23 letter to the trial judge, we do not believe the letter qualifies as a motion for new trial. … We do not believe, however, that Wilkerson has established a right to relief.

E. S. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · May 30, 2014

When deciding the best-interest issue, we consider the well-established Holley v. … In the 17 months that this case has gone on, there has been established consistent positive drug tests for the parents.

Carroll L. Lee, Peggy G. Lee, Lee Concho Valley Family L.P., Sandra Cagle, Jerry D. Lee, Larry G. Lee, and Matthew Lee v. Memorial Production Operating, LLC Grandfield Consulting, Inc. Boaz Energy, LLC And Ivory Energy, LLC

Texas Court of Appeals, 3rd District (Austin) · Feb 29, 2024

Code § 85.321 (establishing cause of action and defense), .046(a)(8) (defining waste). … evidence to support an adverse finding on which it had the burden of proof, it must demonstrate on appeal that the adverse finding is against the great weight and preponderance of the evidence and that the verdict is clearly

Rickye Henderson v. Ali Arabzadegan

Texas Court of Appeals, 3rd District (Austin) · Aug 16, 2024

Under Rule 145, the following evidence qualifies as a prima facie showing that the declarant is unable to afford payment of costs: (1) the declarant or the declarant’s dependent receives benefits from a means … “An issue is conclusively established ‘if reasonable minds could not differ about the conclusion to be drawn from the facts in the record.’” Community Health Sys. Prof’l Servs. Corp. v.

Christopher Leverson v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2015

The ticketing officer never even tried to establish "transportation" use. He asked nothing about any driver's logbook, passenger manifest or any bill of lading. … They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused."

Pedro Castorena and Penny Renee Delgado v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2004

M.D. was not in school because she did not have immunizations. In February 2000, Delgado told the caseworker that Castorena regularly beat her and hit the children. Sometimes he withheld food. … If the parent displays a voluntary, deliberate, and conscious course of criminal conduct, it qualifies as conduct that endangers the emotional well-being of the child. In re J.N.R. , 982 S.W.2d 137, 142 (Tex. App.