Case law

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) · Jul 31, 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

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) · Mar 5, 2015

May Docket No. 38951 1 customers to qualify. … ETI's proposed Rider CGSUSC clearly states that it "defines the procedure 11 by which Entergy Texas, Inc.

Ronald James Bias v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 1, 2021

that any other person would have qualified in that capacity”). … “To avoid forfeiting a complaint on appeal, the party must ‘let the trial judge know what he wants, why he thinks he is entitled to it, and to do so clearly enough for the judge to understand him at a time when the judge

Roger Eugene Fain v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 17, 1998

It is further agreed that the Sheriff, District Clerk and any District Judge of Smith County, Texas may summon a jury panel consisting of qualified jurors in Smith County for a trial of the case, such selection of prospective … "There is no firmer principle established in our jurisprudence." Lowrey , 518 S.W.2d at 900 (quoting from State v. Orangefield Indep. Sch. Dist. , 34 S.W.2d 823, 824 (Tex. Civ. App.

Pete Terrazas v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2006

Because Bayardo was also a signatory to the report and was qualified to offer his expert opinion on the cause of death, we conclude that the introduction of the autopsy report did not violate the Confrontation Clause. … The testimony clearly provided proof of motive for the shooting and the trial court did not abuse its discretion in admitting Santia’s testimony.

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) · Jul 31, 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

Ricky Tapps v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 6, 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.

Pete Terrazas v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2006

Because Bayardo was also a signatory to the report and was qualified to offer his expert opinion on the cause of death, we conclude that the introduction of the autopsy report did not violate the Confrontation Clause. … The testimony clearly provided proof of motive for the shooting and the trial court did not abuse its discretion in admitting Santia's testimony.

Jerry Hofrock v. Judy Hornsby

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

Evid. 702 (expert testimony only admissible if the expert is qualified and his testimony “will help the trier of fact to understand the evidence or to determine a fact in issue.”); G.K. … While trial by consent “is intended to cover the exceptional case where it clearly appears from the record as a whole that the parties tried the unpleaded issue” and “is not intended to establish a general rule of practice

Ricky Tapps v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 6, 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.

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) · Feb 18, 2015

The evidence established that this and other changes to the 70 Supp. … ETI's proposed Rider CGSUSC clearly states that it "defines the procedure 11 by which Entergy Texas, Inc.

Susan Lewis King and Austin King, M.D.//Cross-Appellants Ken Paxton, Attorney General of Texas v. Ken Paxton, Attorney General of Texas And the City of Abilene, Texas//Cross-Appellees, Susan Lewis King and Austin King, M.D.

576 S.W.3d 881 · Texas Court of Appeals, 3rd District (Austin) · Jun 6, 2019

citing to Section 611.002 of the Texas Health and Safety Code.7 4 The district court also ruled that the cross-motion for summary judgment filed by the City of Abilene, which concerned governmental immunity … “Statutory construction presents a question of law that we determine de novo under well-established principles.” Paxton v. City of Dallas, 509 S.W.3d 247, 256 (Tex. 2017) (citing TIC Energy & Chem., Inc. v.

Elias Villarreal v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 13, 2025

” on its own “to establish guilt.” … Villarreal asserts that “the only question” is whether the handle qualified as a deadly weapon in the manner in which he used it.

Jerry Lavone Lively Jr. v. Michelle Anne Lively

Texas Court of Appeals, 3rd District (Austin) · Aug 19, 2022

Jones has been representing him” and because the discovery motion concerned in part records that Jones “clearly has possession of.” … And that evidence must satisfy the legal and evidentiary requirements established in Rohrmoos. Id.

Patrick Anthony Russo v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 7, 2007

For murder to qualify as capital murder in the course of a robbery, the killer's intent to rob must be formed before or at the time of the murder. Conner , 67 S.W.3d at 197 ; Alvarado v. … We conclude that the evidence supporting the finding of guilt is not so weak as to make the finding clearly wrong or manifestly unjust, nor is the verdict against the great weight and preponderance of evidence.

Elizabeth Louise Handley v. Marian C. Bloss

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2010

agency charged with enforcing the 11 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 … Code Ann. § 104.301(g). 16 Gas Utility Regulatory Act, interprets the statute to provide a streamlined process for utilities to qualify for interim rate adjustments, allowing

the Cities of Allen and Longview v. Railroad Commission of Texas CenterPoint Energy Resources Corporation Atmos Energy Corporation And Texas Gas Services Company, a Division of Oneok, Inc.

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

Gem Stokes and John Jay Stokes, Jr. v. Anthony P. Ferris, Trustee for Richard Ferris

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

For an instruction to qualify as proper, the instruction must (1) assist the jury, (2) be supported by the pleadings, and (3) accurately state the law. Texas Workers' Comp. Ins. Fund v. … Further, the order, which clearly specified the parties involved and the action to be done, does not violate due process because the order was neither vague nor ambiguous. Stewart v.

Gem Stokes and John Jay Stokes, Jr. v. Anthony P. Ferris, Trustee for Richard Ferris

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

For an instruction to qualify as proper, the instruction must (1) assist the jury, (2) be supported by the pleadings, and (3) accurately state the law. Texas Workers’ Comp. Ins. Fund v. … Further, the order, which clearly specified the parties involved and the action to be done, does not violate due process because the order was neither vague nor ambiguous. Stewart v.

Adrian James v. Kirby Hiscox

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2015

The trial court erred because Appellee failed to establish that there are no genuine issues of material fact. … I have never been convicted of a felony or other crime involving moral turpitude, and am in all respects qualified to make this Affidavit.