Case law

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.

in the Interest of E. N. C.

Texas Court of Appeals, 3rd District (Austin) · Mar 13, 2009

Bain , 709 S.W.2d 175, 176 (Tex. 1986) (explaining that evidence is factually insufficient "only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust"). … Code Ann. §§ 154.125 (establishing child-support obligations based on obligor's monthly net resources), .128 (providing one means of establishing child-support obligations when obligor has children in more than one household

Austin Independent School District v. H. C. Beck Partners, Ltd.

Texas Court of Appeals, 3rd District (Austin) · Mar 13, 2009

Bain, 709 S.W.2d 175, 176 (Tex. 1986) (explaining that evidence is factually insufficient “only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust”). … Code Ann. §§ 154.125 (establishing child-support obligations based on obligor’s monthly net resources), .128 (providing one means of establishing child-support obligations when obligor has children in more than one household

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jul 6, 2012

Although the summary-judgment evidence falls short of establishing conclusively that all needle-EMG needles have a beveled, blade-like edge, Dr. … The anesthesia itself is evidently administered by a qualified health-care professional other than a chiropractor, including an anesthesiologist, a physician. 7.

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

An “administrator” position is clearly addressed by state law and expressly includes the principal and assistant principal positions. … Any employee may request reassignment within the District to an- other position for which he or she is qualified.

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jul 6, 2012

Although the summary-judgment evidence falls short of establishing conclusively that all needle-EMG needles have a beveled, blade-like edge, Dr. … This evidence conclusively establishes that at least some types of needles used in needle EMG “cut” into tissue under any conceivable definition of that term.

Texas Department of Public Safety v. Nail

305 S.W.3d 673 · Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2010

The plain language of this provision requires that a defendant be placed "under a continuum of programs and sanctions, with conditions imposed by the court" to qualify as community supervision within the meaning of the statute … As reflected in the majority opinion, all references to the phrase "Terms and Conditions of Probation" in the underlying judgment have clearly been marked out, and there was no attachment to the judgment reflecting a continuum

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2012

Although the summary-judgment evidence falls short of establishing conclusively that all needle-EMG needles have a beveled, blade-like edge, Dr. … This evidence conclusively establishes that at least some types of needles used in needle EMG “cut” into tissue under any conceivable definition of that term.

Roberto Duarte-Hernandez v. Ananda Rodriguez

Texas Court of Appeals, 3rd District (Austin) · May 23, 2025

She and Marco asked Duarte-Hernandez to co-sign the loan because they could not qualify without him. … rules of law or evidence bar us from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla, or (4) the evidence conclusively establishes

Ex Parte Ellis

275 S.W.3d 109 · Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2008

However, the clients establish the objectives to be reached through representation, Model R. … To the contrary, the evidence presented in the State's motion establishes that the statements were made on behalf of TLR.

Gary Griffin v. State

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

Deficient performance is shown when counsel allows the jury to hear prejudicial and clearly inadmissible evidence because such evidence could serve no strategic value. Robertson v. State, 187 S.W.3d 475, 484 (Tex. … When the State’s hearsay objection to Griffin’s testimony was sustained, counsel made no effort to show the evidence admissible under a well-established hearsay exception.

Texas Board of Chiropractic Examiners, Glenn Parker, Executive Director, and Texas Chiropractic Association v. Texas Medical Association, Texas Medical Board, and the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 5, 2012

Although the summary-judgment evidence falls short of establishing conclusively that all needle-EMG needles have a beveled, blade-like edge, Dr. … The anesthesia itself is evidently administered by a qualified health-care professional other than a chiropractor, including an anesthesiologist, a physician. 7.

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) · Nov 18, 2015

CODE §§ 78.14(b), (d). 17 Just as the Acupuncture Board would not be qualified to second- guess the legislatively mandated education requirements for the safe performance of nursing, the Chiropractic Board is not qualified … The statutory scope of chiropractic is established by the Chiropractic Chapter, not any other chapter of the Occupations Code. See Tex. Med. Ass’n, 375 S.W.3d at 467.

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Liberty Coach, Inc. v. Motor Vehicle Board of the Texas Department of Transportation and Liberty Coach, Inc.//Cross-Appellee, Buddy Gregg Motor Homes, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2005

The supreme court further concluded that statements in the letter did not qualify as findings of fact. Id. … To the contrary, the letter is persuasive evidence that the repurchase demand was clearly voluntary. (Footnotes omitted.)

Buddy Gregg Motor Homes, Inc.//Cross-Appellant, Liberty Coach, Inc. v. Motor Vehicle Board of the Texas Department of Transportation and Liberty Coach, Inc.//Cross-Appellee, Buddy Gregg Motor Homes, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2005

In addition, Liberty incorporated Liberty Coach of Florida, Inc. and attempted to look for locations to establish a sales and service facility. … The supreme court further concluded that statements in the letter did not qualify as findings of fact. Id.

Darius Dontae Lovings v. State

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

Clearly, there was little in the way of any sort of honoring of Appellant’s repeated invocations. … All of these factors show that the defendant clearly understood the consequences of answering questions posed by the officer and thus establishes an implied waiver of his rights.

Texas Department of Family and Protective Services v. Jennifer Jean Drozd and the State Office of Administrative Hearings

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2010

Among other regulatory responsibilities, the legislature required the Department to “make rules to carry out the provisions of this chapter,” establish complaint procedures, promulgate various required forms, and “promulgate … promote the health, safety, and welfare of children attending a facility . . . ; (2) promote safe, comfortable, and healthy physical facilities . . . for children; (3) ensure adequate supervision of children by capable, qualified

in Re Jane Doe

Texas Court of Appeals, 3rd District (Austin) · May 25, 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).

Texas Department of Family and Protective Services v. Jennifer Jean Drozd and the State Office of Administrative Hearings

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2010

Among other regulatory responsibilities, the legislature required the Department to "make rules to carry out the provisions of this chapter," establish complaint procedures, promulgate various required forms, and "promulgate … promote the health, safety, and welfare of children attending a facility . . . ; (2) promote safe, comfortable, and healthy physical facilities . . . for children; (3) ensure adequate supervision of children by capable, qualified

Gte-Sw

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 1992

PURA §§ 42 and 43 provide expressly and clearly that rates shall be effective after they are found to be just and reasonable by the Commission, in an order served upon the utility, as discussed above at length. … It is a familiar rule of statutory construction, of course, that a specific provision governs and qualifies a general provision. Ayre v. Brown & Root , 678 S.W.2d 564, 566 (Tex. App. 1984, writ ref'd n.r.e.).