Case law

Daimler-Benz Aktiengesellschaft v. Scott Olson, Individually and as Independent of the Estate of Karen L. Olson and Vickie Olson

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2000

The Olsons argue that Tarver's affidavit qualifies as a record of regularly conducted activity and is admissible under the business record exception to the rule against hearsay. See Tex. R. Evid. 803(6). … Giving conclusive effect to these statements is consistent with the policy that a party should not be allowed to prevail on its assertions after clearly negating those assertions before a judicial tribunal.

HMIH Cedar Crest, LLC D/B/A Cedar Crest Hospital & RTC v. Christina Buentello, Individually and as Next Friend of D.B.J., a Minor

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 2022

The hospital staff clearly ignored signs and symptoms of spinal injury and kept investigating the same areas over and over with no relief to the patient. . . . … “[A] document qualifies as an expert report if it contains a statement of opinion by an individual with expertise indicating that the claim asserted by the plaintiff against the defendant has merit.” Id. at 549.

James C. Mosser and Mosser Law PLLC v. Bob Mims

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

The trial court incorrectly concluded that sanctions were appropriate against Mosser on the basis that Melton could never qualify as a consumer. [CR Vol 1, 425]. … Thus, the court clearly erroneously assessed the evidence on this issue, such that reversal is warranted under an abuse of discretion standard.

James Logan Diez v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jun 28, 2024

latter statute even more constitutionally permissible: “If anything, the fact that the defined term here is ‘sexually explicit conduct,’ rather than (as in Ferber) merely ‘sexual conduct,’ renders the definition more immune … Under that standard, a court abuses its discretion only if its decision is so clearly wrong as to lie outside the zone of reasonable disagreement or is arbitrary or unreasonable. Id.

EMC Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2015

VI, but that agency does not qualify. As the Court noted in U.S. … (a) The Multistate Tax Commission is hereby established.

Samuel Allen Webb v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 4, 2005

As a licensed child care administrator, he was qualified to serve as an administrator at a residential facility. … The rule encompasses all facts and circumstances, which when tested by human experience, tend to show that a witness may shade his testimony for the purpose of helping to establish one side of the cause only. 916 S.W.2d 494

Texas Health and Human Services Commission v. Linda Puglisi

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2015

Clearly, the trial court was not obliged to do so either. 9 Linda’s undisputed evidence established that integrated standing features have been reimbursed by Texas Medicaid under the miscellaneous DME code (E1399) … Neel, 368 F.3d 549, 559 (6th Cir. 2004), (holding plaintiffs had a property interest in the [Medicaid] coverage for which they hope to qualify.) HHSC’s own rule also establishes this right. 1 TEX. ADMIN.

Jonah Water Special Utility District v. Aaron Keith White and Lance White

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

AEP Service Company (“AEPSC”), acting as the Qualified Scheduling Entity (“QSE”) on behalf of TNC and its sister company, TCC, made the inaccurate forecasts. … The record also shows that TNC had firm gas supply arrangements with terms in excess of a month at a price established pursuant to a predetermined pricing mechanism.

Hon. Tommy Thomas, Sheriff of Harris County, Texas v. Hon. John Cornyn, Attorney General of Texas Janette Rodrigues And the Houston Chronicle Publishing Company

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2002

Moreover, conclusions of law are not reversible unless they are clearly erroneous as a matter of law. Id . … We cannot say that the trial court clearly erred under these circumstances.

City of Fort Worth v. Zimlich

975 S.W.2d 399 · Texas Court of Appeals, 3rd District (Austin) · Aug 31, 1998

When deciding a factual-sufficiency point, the appellate court considers all of the evidence and sets aside a finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. … According to the un-controverted testimony of a deputy in the Marshal’s Office — an officer with twenty-six years of law enforcement experience — Zim-lich was the most qualified of the five applicants.

Hon. Tommy Thomas, Sheriff of Harris County, Texas v. Hon. John Cornyn, Attorney General of Texas Janette Rodrigues And the Houston Chronicle Publishing Company

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2002

Moreover, conclusions of law are not reversible unless they are clearly erroneous as a matter of law. Id. … We cannot say that the trial court clearly erred under these circumstances.

Linda Sue Cowan v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 9, 2015

exception to the hearsay rule.19 We review a trial court’s ruling on the admission or exclusion of evidence for an abuse of discretion.20 A trial court abuses its discretion only when its decision “is so clearly … Statements made after the criminal objective has been completed are less likely to qualify as co-conspirator statements. See id. 35 See De La Paz, 279 S.W.3d at 344. 36 See Tex. R.

Samuel Allen Webb v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 4, 2005

As a licensed child care administrator, he was qualified to serve as an administrator at a residential facility. … The rule encompasses all facts and circumstances, which when tested by human experience, tend to show that a witness may shade his testimony for the purpose of helping to establish one side of the cause only

AEP Texas North Company// Cities of Abilene, Ballinger, San Angelo and Vernon v. Public Utility Commission of Texas, Office of Public Utility Counsel, Texas Industrial Energy Consumers, Cities of Abilene, Ballinger, San Angelo and Vernon// Cross AEP Texas North Company

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

AEP Service Company ("AEPSC"), acting as the Qualified Scheduling Entity ("QSE") on behalf of TNC and its sister company, TCC, made the inaccurate forecasts. … The record also shows that TNC had firm gas supply arrangements with terms in excess of a month at a price established pursuant to a predetermined pricing mechanism.

Brigham Exploration Company, Ben M. Brigham, David T. Brigham, Harold D. Carter, Stephen P. Reynolds, Stephen C. Hurley, Hobart A. Smith, Scott W. Tinker, Statoil ASA and Fargo Acquisition, Inc. v. Raymond Boytim, Hugh Duncan, Robert Fioravanta, Walter Schwimmer, Michael Ohler, Ryan Ohler, Walter Ohler, Jr., the Edward J. Goodman Life Income Trust and the Edward J. Goodman Generation Skipping Trust, Jeffrey Whalen, and Howard Weisberg, Individually

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

Going well beyond what is necessary to qualify as a class representative, plaintiffs established that they conducted independent investigations both before and after the case was filed; initiated the litigation because … Duncan clearly established that he has been actively pursuing the litigation. He testified that he communicated regularly with his attorneys regarding the status of the litigation. 3SCR 108, 119, 171.

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

Texas Court of Appeals, 3rd District (Austin) · Jun 17, 2021

In addition, a trial court abuses its discretion “if it clearly fails to correctly analyze or apply the law.” In re State, 556 S.W.3d 821, 827 (Tex. 2018) (orig. proceeding) (citing In re Cerberus Cap. … Instead, the right is qualified and appropriately analyzed under the due–process balancing” test discussed above.

Texas Health and Human Services Commission v. Jessica Lukefahr

Texas Court of Appeals, 3rd District (Austin) · Sep 11, 2015

Also, the denial letter clearly stated that the information provided showed that a static stander would meet her medical needs. A.R. 59, App. … Specific authorizations may be limited to a time period less than the established maximum.

City of Brenham v. Honerkamp

950 S.W.2d 760 · Texas Court of Appeals, 3rd District (Austin) · Oct 2, 1997

Because a citizen of Brenham had complained about the quality of the drinking water, the City appointed a committee of three people qualified to investigate the complaint. … The burden of establishing good cause is on the party offering the evidence, and good cause must be shown in the record. *769 Id.

Pretzer v. Motor Vehicle Board

125 S.W.3d 23 · Texas Court of Appeals, 3rd District (Austin) · Feb 27, 2003

Scott Bossier was aware of and authorized the use of promissory notes, which the ALJ found was part of a scheme “to get customers qualified for more expensive vehicles than those for which they would otherwise qualify, thereby … In civil cases, “[n]o doctrine is more firmly established than that issues of fact are resolved from a preponderance of the evidence.” Sanders v. Harder, 148 Tex. 593 , 227 S.W.2d 206, 209 (1950).

Aubrey Lubojasky v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2012

To show the relevance of a child victim’s prior sexual conduct as an alternate source of sexual knowledge, the defendant must establish that the prior acts clearly occurred and that the acts so closely resembled those of … Consequently, to establish its reliability, the proponent of expert testimony in that field must establish that: (1) the field of expertise involved is a legitimate one, (2) the subject matter of the expert’s testimony