Case law

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

A jury verdict should be set aside only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. … 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

in Re Guadalupe Padilla

Texas Court of Appeals, 3rd District (Austin) · Jan 14, 2021

—Fort Worth 2005, pet. ref’d) (“To meet the requirements of article 64.01, an appellant must clearly state, at a minimum, what evidence he wants tested.” (citing Dinkins, 84 S.W.3d at 642)). … See id. art. 64.03 (a)(1)(A) (requiring convicted person to establish that evidence still exists and is in condition making DNA testing possible and that evidence has been subjected to sufficient chain of custody to establish

Kaitlyn Lucretia Ritcherson v. State

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

“A statement that is simply a narrative of past acts or events is distinct from an excited utterance and does not qualify under Rule 803(2) regardless of how soon after the event it is made. . . . … The State did nothing to establish the predicate to admitting Donald Ritcherson’s statements.

Matthew Houston v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2026

facility under the control of the state, the state provides ample opportunity for the inspection, viewing, and examination of the material by the defendant, the defendant’s attorney, and any individual the defendant seeks to qualify … App. 2013), and allegations of ineffectiveness must be firmly established by the record, Mallett v. State, 65 S.W.3d 59, 63 (Tex. Crim. App. 2001).

Southern Concepts, Inc. Volunteers of America Texas, Inc. Knob Oak, Inc. Silver Quail, Inc. Community Access, Inc. And Creative Community Care, Inc. v. Texas Department of Aging and Disability Services

Texas Court of Appeals, 3rd District (Austin) · Jan 2, 2018

Clearly, Appellee's actions are an abuse of discretion and a clearly unwarranted exercise of discretion and unlawful. … Appellant oootlacted to provide services to qualified iodividuals with IIIClllal ietanlation or related conditions pursuaot to its Medicaid provider agreement.

Mary Louise Serafine v. the Honorable Karin Crump, the Honorable Bob Pemberton, the Honorable Melissa Goodwin, and the Honorable David Puryear

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

require that the statute shall be stintingly or even narrowly construed, but it means that everything shall be 6  excluded from its operation which does not clearly … Rather, the Fifth Circuit order simply satisfies [defendant]’s burden to establish the litigation was finally determined against” plaintiff. Goad v. Zuehl Airport Flying Cmty.

Nicholas Field v. Brandi Pinsker

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2026

Pinsker testified that “we need a consistent well-paid, well-qualified care provider so that everybody can go to work and know that [Eric] is okay too.” … When conducting a factual-sufficiency review, we consider all the record evidence and set aside the trial court’s order only if the evidence is so weak as to make the order clearly wrong and manifestly unjust.

in the Matter of M. P. A.

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2002

Likewise, appellant has not established that the statement was sufficiently against his interest to qualify for the exception provided by rule 803(24). … The threat to counsel was clearly ill-advised and inappropriate. It apparently arose from the court's frustration because the trial judge was forced repeatedly to admonish appellant's counsel to stay within the record.

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) · Nov 1, 2006

The allegation clearly refers to all of Dr. Chalifoux's postoperative treatment of A.J.; it is not limited to Dr. … As we stated previously, the decision to discharge a patient is clearly related to the provision of postoperative care. In addition, Dr.

Michael Gonzalez v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2023

She’s not qualified to testify towards that. 45  THE COURT: Response? … THE STATE: She is qualified to give a lay opinion based on her own experience, and I think that she’s more qualified than anybody, because this is her situation she went through, and she is entitled to give

Roberto Rico Hernandez v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2024

To be sufficient to entitle the defendant to a hearing, the motion and affidavit(s) need not establish a prima facie case for a new trial or reflect every component legally required to establish relief but must “reflect … A “passing remark” does not qualify as “other evidence.” Najar, 618 S.W.3d at 374.

Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

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

The statute does not qualify this or limit it to some insertions of acupuncture needles, or some parts of the human body, or only when performed by a licensed acupuncturist. … (statute establishing different licensing requirements for naturopaths was unconstitutional). 42 Act of August 27, 1921, 37th Leg., 1st C.S., ch. 51, 1921 Tex. Gen.

Henry Schein, Inc. v. Stromboe

28 S.W.3d 196 · Texas Court of Appeals, 3rd District (Austin) · Oct 12, 2000

Although the class proponents bear the burden of establishing that all four requirements of rule 42(a) and at least one of the requirements under rule 42(b) are satisfied, see Rainbow Group, Ltd., 990 S.W.2d at 356, they … For there to be adequate representation, the class representatives’ interests must not be antagonistic to those of the remaining class members, and class counsel must be sufficiently qualified and experienced to prosecute

Alon USA, LP and Alon USA GP, Inc./The State of Texas v. State

Texas Court of Appeals, 3rd District (Austin) · May 26, 2005

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

Alon USA, LP and Alon USA GP, Inc./The State of Texas v. State

Texas Court of Appeals, 3rd District (Austin) · May 26, 2005

The court did not question Conoco’s ability to apply a setoff against Centergas’ debt since the mutuality of obligations clearly 14 existed in this case: the demand Conoco … Alon would have incurred no liability if it had operated in this way, as established in its contract.

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) · Nov 1, 2006

The allegation clearly refers to all of Dr. Chalifoux’s postoperative treatment of A.J.; it is not limited to Dr. … As we stated previously, the decision to discharge a patient is clearly related to the provision of postoperative care. In addition, Dr.

Craig Zgabay and Tammy Zgabay v. NBRC Property Owners Association

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

It is clearly established that when attempting to In response to the first four arguments made by Appellants, construe ambiguous restrictive covenants the party's Lakeside argues that the trial court properly determined that … Sub judice, the returns were clearly relevant as to the use of the property.

Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in His Official Capacity as State Commissioner of Education

Texas Court of Appeals, 3rd District (Austin) · Jul 10, 2015

Further, a district's tort immunity would foreclose recovery. Hogan at 710. … In many cases, one who qualified as a career specialist would not qualify as a teacher and vice versa.

Heritage on the San Gabriel Homeowners Association Hutto Citizens Group Mount Hutto Aware Citizens Mahlon Arnett, Robbi Arnett TJFA, L.P. And Jonah Water S.U.D. v. Texas Commission on Environmental Quality and Williamson County, Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Health & Safety Code Ann. § 361.003 (West 2010) (establishing applicable definitions). … Instead, they contend that “the County was required to present some evidence that the information was analyzed by a qualified person, and that this person found 28 land

Heritage on the San Gabriel Homeowners Association Hutto Citizens Group Mount Hutto Aware Citizens Mahlon Arnett, Robbi Arnett TJFA, L.P. And Jonah Water S.U.D. v. Texas Commission on Environmental Quality and Williamson County, Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Health & Safety Code Ann. § 361.003 (West 2010) (establishing applicable definitions). … Instead, they contend that "the County was required to present some evidence that the information was analyzed by a qualified person, and that this person found land use compatibility" because the rules require "the applicant