Case law

Edward Lambright, Richard Moore, Eric Kimball, Terry Ricks, and Calhoun County Shrimpers v. Texas Parks and Wildlife Department, and Texas Parks and Wildlife Commission

Texas Court of Appeals, 3rd District (Austin) · Jan 27, 2005

, and that, because this rule targets growth overfishing, a closure in December, when the white shrimp in the bays are mature, is irrational and designed to regulate the bay shrimpers out of existence. (5) TPW explained clearly … 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).

Wal-Mart Stores, Inc. v. Itz

21 S.W.3d 456 · Texas Court of Appeals, 3rd District (Austin) · May 25, 2000

Later that day, Bordwell asked Itz if he qualified to be her “sugar daddy.” Bordwell purchased the watch and gave it to Itz the following day. … Kolstad did not establish something Itz had to prove or disprove, even if Kolstad controls here. Kolstad established an affirmative defense that an employer in Wal-Mart’s position was required to plead and prove.

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) · May 7, 2015

Moreover, the applicability of Public Law No. 86-272 to the franchise tax is not before this Court, nor does the question of whether the Texas franchise tax qualifies as an “income tax” for purposes of Public Law No. 86 … The drafters of the Compact clearly intended its terms to be binding on the states entering into it.

Dixie Equipment, LLC And Dixie Turbine Services, LLC v. Energia De Ramos, S.A.P.I. De C v. F/K/A Deacero Power S.A.P.I. De C v.

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

580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly … The very quote offered by Dixie for its purported general rule against ex parte hearings qualifies the rule with the limitation, “unless otherwise stipulated.” 607 F.2d at 653.

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Texas Court of Appeals, 3rd District (Austin) · Sep 8, 2015

Jefferson has the burden of demonstrating its invalidity.6 “To establish the rule’s facial invalidity,” Dr. … of an ability and willingness to perform an act listed in Paragraph (A); (C) the use of a title, a word, or letters to induce the belief that a person is legally authorized and qualified

Rita Mary Gause v. Thomas X. Gause

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2015

in establishing its existence. … The brief must contain a short conclusion that clearly states the nature of the relief sought. (k) Appendix in Civil Cases. (1) Necessary Contents.

CPS Energy, Time Warner Cable Texas LLC, and Southwestern Bell Telephone Company D/B/A AT&T// Public Utility Commission of Texas v. Public Utility Commission of Texas// Cross-Appellee, CPS Energy, Time Warner Cable Texas LLC and Southwestern Bell Telephone Company D/B/A AT&T

Texas Court of Appeals, 3rd District (Austin) · May 8, 2015

Burch should fail to establish her case function, but that in governmental affairs, the duty to against Mrs. … Company for Financing Order to Securitize Regulatory 38 Assets and Other Qualified

Donald L. Busby v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 22, 1999

An abuse of discretion occurs "only when the trial judge's decision was so clearly wrong as to lie outside the zone within which reasonable persons might disagree." Cantu v. State , 842 S.W.2d 667, 682 (Tex. Crim. … We are hopeful this will establish Dow Chemical's involvement in the breast implant liability question. We anticipate the Bankruptcy Court will adopt a plan sometime this year.

Rita Mary Gause v. Thomas X. Gause

Texas Court of Appeals, 3rd District (Austin) · Feb 2, 2015

in establishing its existence. … The brief must contain a short conclusion that clearly states the nature of the relief sought. (k) Appendix in Civil Cases. (1) Necessary Contents.

Lamb County Electric Cooperative, Inc. v. Public Utility Commission

269 S.W.3d 260 · Texas Court of Appeals, 3rd District (Austin) · Nov 7, 2008

Further, the Cooperative insists that because Southwestern was merely given an exception, Southwestern had the burden of proving, in response to the Cooperative’s allegations, “that every element of its service qualifies … In making its argument, the Cooperative also refers to a federal case concerning an exemption to a tax statute in which the court noted that a person claiming to fall within “an exception to a statute has the burden of clearly

Michael Scott v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2005

Scott’s statements did not clearly indicate who shot whom, or with what weapon. Scott inaccurately stated that one of the girls had been killed behind the shop counter. … Scott was questioned for approximately twenty hours, but he does not contend and we are not referred to authority holding that lengthy questioning, in itself, establishes custody.

Roland D. Fortenberry, Jr., A/K/A Dale Fortenberry, Jr. and Kaye Ann Fortenberry v. Gerald R. Cavanaugh, Jr. and Dianna Cavanaugh, Individually and as Shareholders in the Right of Fortune Products, Inc., a Texas Corporation

Texas Court of Appeals, 3rd District (Austin) · Nov 26, 2008

We set aside a finding for factual insufficiency "only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust." Cain , 709 S.W.2d at 176 . … In Benningfield , the original receiver did not qualify, and a subsequent order was entered appointing a different receiver with the same powers and duties. Id .

Michael Scott v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 24, 2005

Scott was questioned for approximately twenty hours, but he does not contend and we are not referred to authority holding that lengthy questioning, in itself, establishes custody. … The Supreme Court’s examples of testimonial statements clearly reflect that it is the circumstances in which the statement is made, not its content, that is determinative.

Natin Paul WC 1st and Trinity, LP WC 1st and Trinity, GP, LLC WC 3rd and Congress, LP And WC 3rd and Congress, GP, LLC v. the Roy F. and JoAnn Cole Mitte Foundation

Texas Court of Appeals, 3rd District (Austin) · Feb 8, 2023

without their agreement, a substantive question of arbitrability—i.e., whether the parties have actually agreed to submit a particular dispute to arbitration—‘is an issue for judicial determination unless the parties clearly … They contend that the arbitration clause is limited to disputes “between the Partners” and that Mitte’s derivative claims do not qualify because they belong to the Limited Partnerships.

Roland D. Fortenberry, Jr., A/K/A Dale Fortenberry, Jr. and Kaye Ann Fortenberry v. Gerald R. Cavanaugh, Jr. and Dianna Cavanaugh, Individually and as Shareholders in the Right of Fortune Products, Inc., a Texas Corporation

Texas Court of Appeals, 3rd District (Austin) · Nov 26, 2008

We set aside a finding for factual insufficiency “only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.” Cain, 709 S.W.2d at 176. … In Benningfield, the original receiver did not qualify, and a subsequent order was entered appointing a different receiver with the same powers and duties. Id.

Esau Alejandro Rodriguez-Flores v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 28, 2011

So, if you have already made up your mind and ruled something out, that's one thing; but if you're willing to keep an open mind and wait to make a decision once you've heard the evidence, then you're qualified. … And it clearly is custodial contact. But is it custodial interrogation as that has been defined and described in law? I don't know if it is or is not. This is a new issue. . . . I have entered those findings of fact.

Esau Alejandro Rodriguez-Flores v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 28, 2011

The proponent of a challenge for cause bears the burden of establishing that his challenge is proper. Id. at 747. … And it clearly is custodial contact. But is it custodial interrogation as that has been defined and described in law? I don’t know if it is or is not. This is a new issue. . . .

BMC West Corporation A/K/A BMC West, LLC and Julian Noe Silva v. Martha Karlson, as Independent Administrator of the Estate of Joyce Angela Williams

Texas Court of Appeals, 3rd District (Austin) · Dec 5, 2025

Hogue, 271 S.W.3d 238, 247 (Tex. 2008) (“‘Perhaps’ and ‘possibly’ indicate conjecture, speculation or mere possibility rather than qualified opinions based on reasonable medical probability.”); General Motors Corp. v. … finding that the present dispute constituted an ‘exceptional case’ where lesser sanctions would not promote compliance” and citing as support proposition that “a trial court either must impose lesser sanctions first or must clearly

John S. Stritzinger v. Christiana Trust, a Division of Wilmington Savings Fund Society, FSB

Texas Court of Appeals, 3rd District (Austin) · Nov 15, 2016

Hartford Fire Insurance Co., provides a review of the early precedents, from early holdings supporting dismissal to a clearly- established contrary rule that "a plea of lis alibi pendens is not good when the litigation … First, a state court defendant seeking a federal ruling on forum non conveniens dismissals must clearly establish federal removal jurisdiction.

Charles Ben Howell v. Oscar Mauzy

Texas Court of Appeals, 3rd District (Austin) · Sep 14, 1994

Howell argues that because the proceeds of the loan were undisputedly expended for campaign purposes, an interest payment on the loan qualifies as a reportable "expenditure" under section 251.011(k). (29) The Mauzys rejoin … responsible for giving a true and fair interpretation of the enactment as written, and not an interpretation that is exaggerated, forced, or strained, but one that the ordinary meaning of the words will fairly sanction and clearly