Case law

Facility Insurance Corporation v. Patients Medical Center

Texas Court of Appeals, 3rd District (Austin) · Sep 8, 2022

The Carrier argues that the Provider’s September 2009 bill, which was the subject of the SOAH Order, did not qualify as a “complete medical bill” because it had an incorrect service code. … A payment rate is established for each APC. . . .

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

Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2020

“Proceedings to terminate the parent-child relationship implicate rights of constitutional magnitude that qualify for heightened judicial protection.” In re A.C., 560 S.W.3d 624, 626 (Tex. 2018). … When deciding the best-interest issue, we consider the well-established Holley v.

JNS Enterprise, Inc. and Leesboro Corporation v. Dixie Demolition, LLC Airways Recycling Group, LLC Conrad C. Bar Velez Trucking, Inc. And AAR Incorporated

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2013

Producing false documents in discovery and then lying about those documents in deposition undoubtedly qualifies as an abuse—flagrant, in fact—of the discovery process, whose ultimate goal is, after all, a search for the … Clearly a trial court has the express authority to arbitrate discovery disputes and impose appropriate sanctions for wrongdoing under rule 215.

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

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 2015

Such costs clearly are not used and useful in providing serviced to the public."). … To do this, it must employ (and retain) qualified officers and directors.

J. C. v. Texas Department of Family and Protective Services

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

“[A] parent’s use of narcotics and its effect on his or her ability to parent may qualify as an endangering course of conduct.” … Further, although mere imprisonment on its own will not establish a course of endangering conduct, evidence related to a parent’s imprisonment can be relevant to establishing such a course of conduct.

T. David Young v. Plainscapital Bank

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2016

It is notable that Denton did not say “all the 5 terms are acceptable;” rather, Denton qualified the Committee position with “appeared acceptable” and the need to "rework the addendum … Chiles' own language belies Young's argument; clearly, Chiles knew there was no approval because his email sought approval.

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) · Sep 24, 2015

Petitioner has not proven that hers was a contract of adhesion, which would clearly change the result in this case. … (b) [The eeftfd of tfflstees of eaeh sohool elistriot sHall establisH ~oli6ies eOAsisteAt v,[ith tHis subehapter WHiGH sHall establish reasons fer AOAreAewal.]

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

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

“[T]he failure of a prayer for relief to request a particular disposition does not prevent an appellate court from granting such relief on a meritorious point of error which is clearly presented in an appellant … But, as this Court has recently noted, there is a “well- recognized exception to the general rule that an agency’s final order is immune from collateral attack: when an agency takes an action that is in excess of its statutory

Austin Capital Collision, LLC// Barbara Pampalone v. Barbara Pampalone// Cross-Appellee, Austin Capital Collision, LLC and Eric Hinojosa

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

In addition, the evidence in the evidence as to be clearly wrong and unjust. Cain v. … The Spinkses’ pleadings clearly reflect that All Citations they brought suit both on the note and on the original indebtedness.

Mark Anthony Serrano v. State

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

"The rule is not that, in order to render a statement admissible, the proof must be adequate to establish that the particular communications contained in a statement were voluntarily made, but it must be sufficient to establish … The State clearly violated Article 15.17 ofTCCP multiple times and made no effort to correct their violations.

Strasburger Enterprises, Inc. v. TDGT Limited Partnership

110 S.W.3d 566 · Texas Court of Appeals, 3rd District (Austin) · Jun 12, 2003

The burden of *572 establishing proration is on the surety as a matter of defense. Id. at 1049 (amended 2001) (current version at Tex. Agrie. Code Ann. § 14.065 (West Supp.2003)) (emphasis added). … Strasburger no longer qualified as a depositor because legal title to the milo passed to TDGT upon Strasbur-ger’s surrender of the receipts.

Graphic Packaging 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) · Jan 27, 2015

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

in the Matter of M. P. A.

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2010

Clearly, to open that door was not in my client's best interest. White, J.W.A.' … Willoughby qualified as an expert "to answer certain hypotheticals and opinion testimony in the field of psychology and sex offender treatment."

Lambright v. Texas Parks & Wildlife Department

157 S.W.3d 499 · Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2005

shrimping in order to limit the overfishing of shrimp. 8 The Shrimpers protest that there is no scientific basis for the new designation of nursery areas and bait bays because there is no data indicating that such areas qualify … The legislature may delegate its power to administrative agencies established to carry out legislative purposes. Edgewood Indep. Sch. Dist. v. Meno, 917 S.W.2d 717, 740 (Tex.1995).

in the Matter of M. P. A.

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2010

Clearly, to open that door was not in my client’s best interest. … Willoughby qualified as an expert “to answer certain hypotheticals and opinion testimony in the field of psychology and sex offender treatment.”

City of New Braunfels, Texas v. Tourist Associated Businesses of Comal County Union River LLC D/B/A Landa River Trips Chuck's Tubes Waterpark Management, Inc. Tri-City Distributors, LP Stone Randall Williams And W. W. GAF, Inc. D/B/A Rockin "R" River Rides

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

In the mid-1800’s, German pioneers established the City of New Braunfels (the City), which soon became the new German center for Texas. … Courts have repeatedly acknowledged the judiciary’s limited role in disturbing local enactments unless clearly 12 unreasonable.

Alvy Childress v. Texas Mutual Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2020

The ALJ concluded: After review, there was no qualified expert opinion evidence, based on reasonable medical probability, which provided a persuasive explanation of the causal link between the mechanism … the record; in not allowing ACE Fab to proceed as a party or bringing its claims for breach of contract or statutory violations; and in affirming the Appeals Panel’s decision, contending that the Decision and Order “is clearly

Mateo Cortez, as Representative of the Estate of Deborah Cortez v. Sandra Flesher Brown, Charlotte Flesher Ash, Charlene Flesher Johnston, Connie Lou Keith Barry, Randall Wayne Davis, Virginia Villers, Charles Roberts, Lisa A. Smith, Patricia Chapman, Betty J. Marks Webb, James Berl Marks, Linda Murray

Texas Court of Appeals, 3rd District (Austin) · Dec 13, 2017

The court must explain its reasons clearly on the record if it decides a sanction is appropriate. … And clearly in my 19 mind Deborah Cortez was the only named beneficiary in this 20 in this case.

Low-Income Women Ex Rel. Prince v. Bost

38 S.W.3d 689 · Texas Court of Appeals, 3rd District (Austin) · Dec 7, 2000

This restriction is not related to the stated purposes of the Texas Medical Assistance Program, which is to offer medical assistance to all qualified needy citizens. … McLean clearly establishes that the tier of scrutiny to be observed by Texas courts in applying the ERA to sex-based-discrimination cases is greater than that recognized by federal courts when applying the Equal Protection

Laura Pressley v. Gregorio "Greg" Casar

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

Therefore, it did not qualify as an order extending the plenary jurisdiction of the Court for another 30 days. … The focus of this factor is clearly did the sanctioned person know the conduct was sanctionable? Clearly Pressley’s resume does not fit into this factor.