Case law

City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality// Two Bush Community Action Group v. Two Bush Community Action Group// City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Feb 10, 2012

IESI objected to the exhibit on the grounds that the exhibit was outside the scope of rebuttal testimony as established by a pretrial order. … IESI emphasizes that Two Bush's expert Ross was called to establish this very point--i.e., that IESI's groundwater flow analysis was incorrect.

City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality// Two Bush Community Action Group v. Two Bush Community Action Group// City of Jacksboro, IESI TX Landfill, LP and the Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Feb 10, 2012

jurisdiction exists—e.g., whether the plaintiff timely filed a motion for rehearing in an administrative case, whether the Department of Parks & Wildlife was aware of a dangerous condition sufficient to waive sovereign immunity … IESI objected to the exhibit on the grounds that the exhibit was outside the scope of rebuttal testimony as established by a pretrial order.

Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC

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

Co., 54 Tex.Civ.App. deed of trust on the 200–acre tract. 334, 118 S.W. 572 (1909, writ ref'd), that “[e]ven a clearly established … It is clearly [2] [3] We hold that Humble's letter of May 2, 1963, did established by the decisions that a qualified or conditional not terminate the option contract.

Texas Property & Casualty Insurance Guaranty Ass'n v. Southwest Aggregates, Inc.

982 S.W.2d 600 · Texas Court of Appeals, 3rd District (Austin) · Feb 4, 1999

Because both insurer’s policies were clearly triggered, 4 Affiance and ECC agreed to share the legal costs of defending Southwest Aggregates in the silicosis suits on a 50-50 basis. … See Lafarge, 61 F.3d at 402 (“[Dairyland] implies that an insurer that falls within the provisions of section 38.006 is exempt from payment of attorney’s fees and that only those insurers who do not qualify for the exemption

Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox And the City of Hempstead v. Texas Commission on Environmental Quality and Pintail Landfill, L.L.C.

Texas Court of Appeals, 3rd District (Austin) · Feb 25, 2015

Code Ann. § 37.004 fell within the ultra vires exception to sovereign immunity. … Code Ann. § 37.004 fell within the ultra vires exception to sovereign immunity.

In Re Doe

22 S.W.3d 601 · Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2000

A party may move for an order compelling another party to submit to a mental examination by a qualified physician or psychologist. See Tex.R. Civ. … Coates’ prior problems are clearly peripheral to the issues in this case, and, consequently, they are not ‘in controversy.’ ” Id. (emphasis added).

Ronald Allison/Fire Insurance Exchange v. Fire Insurance Exchange, a Member of the Farmers Insurance Group/Mary Melinda Ballard and Ronald Allison, Individually and as Next Friends for Reese Allison, a Minor

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

Weighing all of the evidence, we cannot say that it is so weak as to be clearly wrong or manifestly unjust. Cain , 709 S.W.2d at 176 . … Weighing all of the evidence, we cannot say that it is so weak as to be clearly wrong or manifestly unjust. Cain , 709 S.W.2d at 176 .

Bernard Morello v. State

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

Morello’s Motion for New Trial established each of these elements yet the trial court denied same. … Such action was clearly consistent with the definition of “environmental tort” as that term has been defined under Texas Law.

Engelman Irrigation District v. Texas Commission on Environmental Quality

251 S.W.3d 184 · Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2008

Within this issue, Engelman further alleges that the underlying judgment in favor of Shields Brothers is void as a matter of law, that the Order’s findings of fact are clearly erroneous, and that its conclusions of law are … With respect to the enforceability issue, En-gelman asserts in passing that the underlying judgment is void as a matter of law because it did not waive its governmental immunity in the original suit brought by Shields Brothers

in Re Teladoc, Inc.

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

Tel medicine Medical Services Provided at an Established Medical Site. … The amendment clearly defines the minimum elements that are required to establish a defined physician-patient relationship.

the Grocers Supply Company, Inc. v. John Sharp, Comptroller of Public Accounts of the State of Texas, and Dan Morales, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 13, 1998

In addressing Grocers Supply's contentions we must at all times be mindful of two immutable facts: (1) The supreme court in British-American clearly and unequivocally held that for a contract to qualify for the exemption … Furthermore, the Comptroller's eventual reversion to established precedent should not have come as a surprise to Grocers Supply.

Del Industrial, Inc. v. Texas Workers' Compensation Insurance Fund

Texas Court of Appeals, 3rd District (Austin) · Jul 16, 1998

STANDARD OF REVIEW A summary judgment is proper only when a movant establishes that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. See Tex. R. Civ. P. 166a. … The employees, therefore, qualify as "persons engaged in work that could make [the Fund] liable" under the policy, entitling the Fund to premiums from Del.

Interim La Ventana L.L.C.// William D. Davis, Dr. Craig Hatton and La Ventana Ranch Owners Association, Inc. v. Appelles, William D. Davis, Hatton Revocable Trust, Jeffrey L. Burnett, John Czop, Judy Czop, Kenneth R. Hamburger, Maria L. Hamburger, Mark E. Lich, Steven Malone// Interim La Ventana L.L.C.

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

Because the CCRs vest the AC with the power to exercise the necessary authority to enforce the terms and provisions of the CCRs, the AC qualifies as a representative designated to enforce restrictive covenants for purposes … factual sufficiency of the evidence to support a jury finding, we must consider and weigh all the evidence and should set aside the judgment only if it is so contrary to the overwhelming weight of the evidence as to be clearly

Barry Michael Smith, Jr. v. State

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

Because the CCRs vest the AC with the power to exercise the necessary authority to enforce the terms and provisions 23 of the CCRs, the AC qualifies as a representative … factual sufficiency of the evidence to support a jury finding, we must consider and weigh all the evidence and should set aside the judgment only if it is so contrary to the overwhelming weight of the evidence as to be clearly

Ovation Homes, Inc. and Leldon W. Shead v. Clark/Kyser Wholesale Lumber, Inc. and John Dunlap

Texas Court of Appeals, 3rd District (Austin) · Aug 11, 1993

Grimes' certificate of service qualified under Rules 21 and 21a, and provides prima-facie evidence of service under Rule 21a. … Dunlap testified that the draws were established to reimburse Shead after he had paid the subcontractors and that the draw request forms required Shead to verify that he had paid the bills for which he requested reimbursement

Fain v. State

986 S.W.2d 666 · Texas Court of Appeals, 3rd District (Austin) · Mar 4, 1999

Belknap, 89 Tex. 273 , 34 S.W. 594 (1896), the supreme court held unconstitutional a statute establishing a district court in Texarkana. See id. at 596. … An abuse of discretion is established "only when the trial judge's decision was so clearly wrong as to lie outside that zone within which reasonable persons might disagree." Cantu v. State, 842 S.W.2d 667, 682 (Tex.

Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission

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

  (17) Health Maintenance Organization (HMO)­­A public or private organization organized under state law that is a federally qualified HMO or that meets the definition of HMO within this state's Medicaid plan. …   (19) Immediate Access­­Is deemed to include the provisions established by §371.1617(2) and §371.1643(f) of this subchapter.

Thomas Ray Pilgrim v. Texas Civil Commitment Office

Texas Court of Appeals, 3rd District (Austin) · Jan 4, 2018

Transcript pages 36-37 (CR: 82-83) establish the witness' familiarity with the former treatment program. … In order to qualify for Chapter 841 commitment, a person must have at least two convictions for sexually violent offenses. See §841.003.

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 2015

largest owner of the dealerships' holding company) is "under-qualified." … Because Audi cannot meet is burden of establishing that it is entitled to the extraordinary relief sought, its Motion is due to be denied. C.

Pontrey Jones v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 2, 2021

Accordingly, appellate courts reverse “only when the trial judge’s decision was so clearly wrong as to lie outside the zone within which reasonable persons might disagree.” Id. … Accordingly, Jones has failed to establish actual prejudice. Cf.