Case law

Janos Farkas v. Wells Fargo Bank, N.A. And Brice Vander Linden & Wernic, P.C. N/K/A Buckley Madole, P.C.

Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2015

Conclusory assertions cannot establish harm. … The repeat transactions are clearly contem- FN29 plated from the outset.

Austin Capital Collision, LLC// Barbara Pampalone v. Barbara Pampalone// Cross-Appellee, Austin Capital Collision, LLC and Eric Hinojosa

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2015

Hinojosa clearly controlled both the old and new companies. Appx:2, ¶27. … Pampalone, and 6 While “intent to deceive” is not clearly defined anywhere, in Farr v.

Hunt County Community Supervision and Corrections Department v. Christina Gaston

Texas Court of Appeals, 3rd District (Austin) · Sep 19, 2014

Because Chapter 52 clearly confers such authority, district court judges possess the authority to investigate criminal allegations even if a particular judge would be precluded from presiding over a court of inquiry as … Is the scope of the Act—and derivatively, its waiver of sovereign immunity—unclear because there is no such reference? No.

Texas Health and Human Services Commission v. Linda Puglisi

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

Puglisi affirms that her new Medicare-Medicaid status is Medicaid Qualified Medicare Beneficiary (MQMB). … designate the evidence in the record that establishes FED. R. CtV.

Public Utility Commission of Texas Chairman Rebecca Klein Commissioners Brett A. Perlman and Julie Parsley And AT&T Communication of Texas, L.P. v. Southwestern Bell Telephone Company and Southwestern Bell Communication Services, Inc., D/B/A Southwestern Bell Long Distance

Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2003

SWBT argues that it has a statutory right to charge the current amount and enjoys statutory immunity from the Commission’s inquiry or attempts to reduce that amount, citing PURA section 58.025(a). … By requiring that the hearing be conducted by an Administrative Law Judge supplied by SOAH and an attendant proposal for decision, the Commission clearly indicated its intention to conduct a contested-case hearing aimed

Austin Capital Collision, LLC// Barbara Pampalone v. Barbara Pampalone// Cross-Appellee, Austin Capital Collision, LLC and Eric Hinojosa

Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2015

Hinojosa clearly controlled both the old and new companies. Appx:2, ¶27. … Pampalone, and 6 While “intent to deceive” is not clearly defined anywhere, in Farr v.

Alvin Brown v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

Here the evidence was clearly relevant to prove that the appellant acted with the state of mind required by the offense of which he was accused and to rebut appellant’s theory of his defense. … The State responds that Officer McMahan was properly qualified as an expert and rendered appropriate expert testimony.

Public Utility Commission of Texas Chairman Rebecca Klein Commissioners Brett A. Perlman and Julie Parsley And AT&T Communication of Texas, L.P. v. Southwestern Bell Telephone Company and Southwestern Bell Communication Services, Inc., D/B/A Southwestern Bell Long Distance

Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2003

SWBT argues that it has a statutory right to charge the current amount and enjoys statutory immunity from the Commission's inquiry or attempts to reduce that amount, citing PURA section 58.025(a). … By requiring that the hearing be conducted by an Administrative Law Judge supplied by SOAH and an attendant proposal for decision, the Commission clearly indicated its intention to conduct a contested-case hearing aimed at

Levi Morin v. Law Office of Kleinhans Gruber, PLLC

Texas Court of Appeals, 3rd District (Austin) · Jun 12, 2015

The firm didn’t establish a prima facie case of discrimination. … (a) This chapter does not abrogate or lessen any other defense, remedy, immunity, or privilege available under other constitutional, statutory, case, or common law or rule provisions.

Clare Trevarthen v. Nationstar Mortgage LLC

Texas Court of Appeals, 3rd District (Austin) · Apr 20, 2015

Deed is unreliable, however, as it state, among other inaccuracies, that the original Note was “payable to the order of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR NEVADA CORPORATION,” a clearly … If you send a "qualified written request" to your loan servicer con.ming the servicing of your loan, your servicer must provide you with a written acknowledgement within 20 Business Days of receipt of your requesL A "qualified

Victor Barrera Morones v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 15, 2026

Until a defendant shows his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance. Cuyler, 446 U.S. at 350. … 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.

Alvin Brown v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2006

Here the evidence was clearly relevant to prove that the appellant acted with the state of mind required by the offense of which he was accused and to rebut appellant's theory of his defense. … The State responds that Officer McMahan was properly qualified as an expert and rendered appropriate expert testimony.

Ancira GMC Trucks and Motor Homes, Inc. v. Motor Vehicle Board and Motor Vehicle Division, Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Sep 10, 1999

Ancira later learned that the Kendricks could not qualify for CIT financing and brought suit against CIT in the district court of Bexar County ("Bexar County Suit"). … Instead, the Board may examine the entire transaction to establish whether a motor vehicle is new or used.

David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 7, 2011

(movant's motion must clearly set out specific no-evidence challenge to elements of each cause of action). … An individual's position or job responsibilities can qualify her to testify to facts she learns through her actions and responsibilities at her company. Equisource Realty Corp. v. Crown Life Ins.

David Fernea v. Merrill Lynch Pierce Fenner & Smith, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 7, 2011

(movant’s motion must clearly set out specific no-evidence challenge to elements of each cause 6 of action). … An individual’s position or job responsibilities can qualify her to testify to facts she learns through her actions and responsibilities 21 at her company.

Thomas H. Adair, Sr. v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 12, 2013

A trial court abuses its discretion only when its decision “is so clearly wrong as to lie outside that zone within which reasonable persons might disagree.” McDonald v. State, 179 S.W.3d 571, 576 (Tex. Crim. … Counsel did not object to this testimony, and Adair asserts that counsel should have objected that Carter was not qualified to render an opinion on the matter.

Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

Texas Court of Appeals, 3rd District (Austin) · May 6, 2015

Although Padilla's motion for reconsideration was premature, it clearly assailed the court's final judgment. It thus qualifies as a premature motion to modify the judgment, extending the appellate timetable. … the legal requisites to qualify as a deed.

In Re Natin Paul v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2023

According to Mitte, this evidence “established that Mr. Paul’s statements in his sworn reports were false and that his testimony concerning his lack of such transfers was false. . . . … To be entitled to mandamus relief, a relator must show that the district court clearly abused its discretion, i.e., its decision was “so arbitrary and unreasonable as to amount to a clear and prejudicial error of law.”

Cities of Allen v. Railroad Commission of Texas

309 S.W.3d 563 · Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2010

Here, the Commission, the agency charged with enforcing the Gas Utility Regulatory Act, interprets the statute to provide a streamlined process for utilities to qualify for interim rate adjustments, allowing for only a ministerial … In addition, if the utility's earnings monitoring report indicates that it is earning a return on invested capital of more than 75 basis points above the return established under the rates it would be charging if not for

Richard Wallace Pearce and Jesse Ray Blann v. City of Round Rock Round Rock Development Review Board Frank Del Castillo, in His Capacity as Member of the Round Rock Development Review Board Terry Hagood, in His Capacity as Member of the Round Rock Development Review Board

Texas Court of Appeals, 3rd District (Austin) · May 23, 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.