Case law

Gerald Christopher Zuliani v. State

Texas Court of Appeals, 3rd District (Austin) · May 29, 2015

When the State proffered Bassett’s testimony at trial, Zuliani objected, arguing that Bassett was not qualified to testify as an expert witness, see Tex. R. Evid. 702, and that her testimony was not relevant, see id. … We then overturn the factfinder’s decision only if the appellant establishes that the evidence conclusively proves the affirmative defense. Id.

Senna Hills, Ltd. and HBH Development Company, LLC v. Sonterra Energy Corporation

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

conclusively establishing each element of its cause of action or affirmative defense. … “The intent to confer a direct benefit upon a third party ‘must be clearly and fully spelled out or enforcement by the third party must be denied.’” South Tex. Water Auth. v.

Senna Hills, Ltd. and HBH Development Company, LLC v. Sonterra Energy Corporation

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

STANDARDS OF REVIEW A movant seeking traditional summary judgment on its own cause of action or affirmative defense has the initial burden of establishing its entitlement to judgment as a matter of law by conclusively establishing … "The intent to confer a direct benefit upon a third party 'must be clearly and fully spelled out or enforcement by the third party must be denied.'" South Tex. Water Auth. v.

HMW Special Utility District of Harris and Montgomery Counties v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 24, 2023

Commission found: The tract of land from which Previllage seeks release is at least a total of 25 contiguous acres, is not receiving water service, and is within the boundaries of Harris County, a qualifying … evidence considering the reliable and probative evidence in the record as a whole; or 5  (F) arbitrary or capricious or characterized by abuse of discretion or clearly

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 is

Walker v. City of Georgetown

86 S.W.3d 249 · Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

As a general rule, to establish standing, a party must demonstrate some interest peculiar to it individually and not as a member of the general public. El Paso Cmty. Partners v. … (c)The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that

Ricky Tapps v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 17, 2008

We then determine whether the evidence supporting the verdict is so weak that the verdict is clearly wrong and manifestly unjust or whether the verdict is against the great weight and preponderance of the evidence. Id. … Tapps called Higgins to establish that she lent him her car and that it did not have a bullet hole in it. The State inquired into the nature of their relationship.

Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and Texas Industrial Energy Consumers

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

Eligible CGS suppliers will be limited to qualifying facilities that are or will be directly connected to ETI. … Eligible CGS suppliers will be limited to qualifying facilities that are or will be directly connected to ETI.

Ricky Tapps v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 17, 2008

We then determine whether the evidence supporting the verdict is so weak that the verdict is clearly wrong and manifestly unjust or whether the verdict is against the great weight and preponderance of the evidence. … Tapps called Higgins to establish that she lent him her car and that it did not have a bullet hole in it. The State inquired into the nature of their relationship.

Terry Atkins v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2015

In this case, the trial court’s determination was not “so clearly wrong as to lie outside the zone within which reasonable persons might disagree.” … witness or testimony corroborates his self-serving statement. 19  The Austin Court of Appeals has held that an objective standard applies when considering whether a statement qualifies

Steven C. Albright and Rhonda Albright v. Rhea & Sons Enterprises, Inc. D/B/A Rhea Plumbing

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

The Judgment clearly states that Appellants take nothing “against JPAG Ventures, LLC, Adrian Gracia Holdings LLC, Juan Pablo Cabrera, and Adrian Gracia, Individually, and d/b/a Groupo Premier Inc. … a U.S. mil itary base in Afghanistan, the trial court erred in granti ng a plea to the jurisdiction and dismissi ng her suit because private contractors exercising independent discretion were not enti tled to sovereign immunity

M. P. A/K/A M. D., J. J. L.-B., and C. J. L. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Sep 16, 2022

Id. at *7. 11  Standard of Review “Proceedings to terminate the parent-child relationship implicate rights of constitutional magnitude that qualify … whether the trial court’s failure to form a firm conviction or belief that a parent’s 13 rights must be terminated is “contrary to the overwhelming weight of the evidence and clearly

in Re Michael Wayne Morton

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2010

To qualify for forensic DNA testing, the evidence must have been secured in relation to the offense that is the basis of the challenged conviction and have been in the possession of the State during the trial of the offense … If the bandana contains Christine’s blood, it is sufficient by itself to establish a trail.

in Re Michael Wayne Morton

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2010

To qualify for forensic DNA testing, the evidence must have been secured in relation to the offense that is the basis of the challenged conviction and have been in the possession of the State during the trial of the offense … If the bandana contains Christine's blood, it is sufficient by itself to establish a trail.

Wesley Perkins v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 4, 2015

Strangely, but clearly, STATE didn’t think it necessary to prove “transportation” for a Transp.-Code-based matter. Even more clearly, LIPSCOMBE didn’t, either. See, e.g., 3.Tr.7(11) to .8(20); 4.Tr.139(7-14). … “Immunity?” For a “civil” matter?? Doesn’t exist. They’re just so cock and bull sure that they understand the law that they’ve defied it, even criminally violated it.

Michael D. Lillis v. Kachina Pipeline Company, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 18, 2013

, or qualify an agreement, but it may not be used to contradict an express term”); Global Octanes Tex., L.P. v. … Moreover, there is no mention of Lillis’s claim for an accounting, and accordingly, there is no expression clearly indicating an intent to abandon that claim.

Felix Sandoval v. State

409 S.W.3d 259 · Texas Court of Appeals, 3rd District (Austin) · Sep 13, 2013

We hold that the record in this case does not establish an article 36.22 violation. “[T]he language of Article 36.22 establishes two speakers, with attention directed toward the outsider’s . . . speaking.” … and established in the follow-up question that the daughter was J.A.

in the Matter of N. G.-D.

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2016

Under a factual-sufficiency standard of review, we consider and weigh all the evidence in the record and may overturn a finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and … We disagree and conclude the error alleged here is not immune from the requirement that it be preserved for our review.

California Insurance Guarantee Association, Oklahoma Property and Casualty Insurance Guaranty Association, and Texas Property and Casualty Insurance Guaranty Association v. Hill Brothers Transportation, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2015

Immunity; attorney general representation Sec. 16. … Immunity Sec. 27.

Southwest Texas HMO, Inc. D/B/A HMO Blue Texas and Health Care Service Corporation, a Mutual Legal Reserve Company// Vista Health Plan, Inc. and IntegraNet Provider Organization, Inc. v. Vista Health Plan, Inc. and IntegraNet Provider Organization, Inc.// Southwest Texas HMO, Inc. D/B/A HMO Blue Texas and Health Care Service Corporation, a Mutual Legal Reserve Company

Texas Court of Appeals, 3rd District (Austin) · Oct 28, 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 … Perales testified that HMO Blue breached the Agreement by failing to "back out" claims Vista had to fund for patients who, because it was determined they qualified for Supplemental Security Income ("SSI"), (5) no longer were