Case law

in Re Richard W. Jackson and Lisa C. Jackson

Texas Court of Appeals, 3rd District (Austin) · Dec 14, 2017

The Jacksons Lack an Adequate Remedy by Appeal Where a party has already established the validity of a temporary injunction, it is improper to force that party to re- establish the injunction’s validity prior to final … But I 15 think that qualifies as one of the documents -- as a 16 document that they requested. 17 THE COURT: All right.

Comal Trace Homeowners Association v. Bryan D. "Doug" Lippert, Jane Lippert, Joseph Campbell, Anita Campbell, Ronald McKinnon, and Comal Trace Home Owners Advocacy Group

Texas Court of Appeals, 3rd District (Austin) · Jan 4, 2017

A jury was summoned, qualified, and duly selected. After almost 3 'A weeks of trial during which evidence was presented by all parties, the jury began deliberations on June 28, 2016. … A fact may be established by direct evidence or by circumstantial evidence or both.

Entergy Texas, Inc. v. Public Utility Commission of Texas, Office of Public Utility Counsel, and State of Texas Agencies and Institutions of Higher Education

Texas Court of Appeals, 3rd District (Austin) · Feb 6, 2015

policy.”56 The decision clearly has implications beyond the parties to the underlying proceeding. … Clearly, whether and when to use the “proxy” approach is the proper subject of a rulemaking.

Margaret Reid v. Seton Hospital, Dr. Michael Breen and Dr. Ann Czarnik

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

Reid cannot establish that the trial court abused its discretion in ruling that she failed to timely serve any expert report as to Seton or Dr. … Lim is therefore clearly inapplicable to this appeal for several reasons. First, in contrast to the facts here and any suggestions by Ms.

Kenneth Lane Denton v. State

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

A verdict will be set aside for factual insufficiency only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Clewis v. State 922 S.W.2d 126, 129 (Tex. Crim. … Fifteen of the sixteen checks were drawn on accounts established by Denton for which only his signature was required on checks, a violation of the DPSOA board's two-signature policy.

West Travis County Public Utility Agency, on Behalf of Itself and Its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in Their Official Capacities v. CCNG Development Co., L.P.

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2016

NOGOVERNMENTAL GOVERNMENTALIMMUNITY IMMUNITY 63. 63. … from LCRA's immunity from this this suit.

Karl B. Bailey v. MidFirst Bank

Texas Court of Appeals, 3rd District (Austin) · Feb 13, 2015

Either as the note holder or beneficiary under the Deed of Trust, MidFirst qualified as a mortgagee as that term is defined by the Texas Property Code. … The undisputed summary judgment evidence established that the Chestnuts were in default on their Note.

Darius Dontae Lovings v. State

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

If the proponent of the opinion cannot establish personal knowledge, the lay testimony should be excluded. Id. … Rule 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by

Bradley B. Ware v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Jan 15, 2015

Ware qualified. 13:17:48 15 A. … All documents to be filed must clearly reference these assigned docket numbers.

Darius Dontae Lovings v. State

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

If the proponent of the opinion cannot establish personal knowledge, the lay testimony should be excluded. Id. … Rule 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by

in Re Richard W. Jackson and Lisa C. Jackson

Texas Court of Appeals, 3rd District (Austin) · Dec 15, 2017

The Jacksons Lack an Adequate Remedy by Appeal Where a party has already established the validity of a temporary injunction, it is improper to force that party to re- establish the injunction’s validity prior to final … But I 15 think that qualifies as one of the documents -- as a 16 document that they requested. 17 THE COURT: All right.

Gregory Joe Wickline v. Board of Regents for the Oklahoma Agricultural and Mechanical Colleges, Acting for and on Behalf of Oklahoma State University And James Michael Holder, in His Individual Capacity and in His Capacity as Vice President for Athletic Programs and Director Of

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

First, the party seeking to enforce the forum-selection clause has the burden to establish that the clause applies to the opposing party’s claims. Id. … BECK: -- was in -- clearly involved 7 a situation where Pruden- -- the contract at issue was 8 valid.

Suzanna Eckchum A/K/A Susan Eckhert v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 24, 2015

Additionally, this case is being brought after Appellant qualified for pro bono appellate representation by a volunteer attorney through the Third Court of Appeals Pro Bono Program. … This testimony establishes that Hal could not have feared Suzanna’s alleged threat because he pursued Suzanna, and not the other way around.

Mikael Judah and Laura Judah v. EMC Mortgage Corporation

Texas Court of Appeals, 3rd District (Austin) · May 28, 2015

Clearly then, MERS is As per Mr. Hultman, involved with the transfer of the note and mortgage and we 3. … The reduced ability to clearly ascertain property rights has thus led to tremendous costs in the enforcement of property rights.

Mikael Judah and Laura Judah v. EMC Mortgage Corporation

Texas Court of Appeals, 3rd District (Austin) · Jul 22, 2015

Clearly then, MERS is As per Mr. Hultman, involved with the transfer of the note and mortgage and we 3. … The reduced ability to clearly ascertain property rights has thus led to tremendous costs in the enforcement of property rights.

CenterPoint Energy Houston Electric, LLC v. Gulf Coast Coalition of Cities

252 S.W.3d 1 · Texas Court of Appeals, 3rd District (Austin) · Apr 17, 2008

For purposes of Section 39.262, book value shall be established as of December 31, 2001, or the date a market value is established through a market valuation method under Section 39.262(h), whichever is earlier, and shall … The dissent provided, in relevant part, as follows: To both permit Reliant to retain these [excess mitigation credits] and CenterPoint to recover the same amount in stranded costs is clearly a duplicative recovery....

Eddie Don Johnson v. Texas Department of Criminal Justice-Parole Division

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

If you qualify for that right, an attorney will be appointed to represent you. If you do not qualify for that right, you may hire an attorney to represent you. 6. … Allegation(s) must clearly show/state the error in law orboard rule. 3.

Lisa Kramer, F/K/A Lisa Kastleman v. Bryan Kastleman

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

“The words used by the trial court must clearly indicate the intent to render judgment at the time the words are expressed.” Id. at 858. … On this record, we cannot conclude that Kramer established that she was under economic duress when she signed the informal settlement agreement.

Gerald Stevens v. State

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

Clearly, STATE still feels it's relieved of its Due Process burden. … Judges without jurisdiction have no immunity. Argument No Personal Jurisdiction Issue 1: Was it error to deny the Special Appearance? R.675.228. .229.

Jan Lubin, Gilberto Villanueva, Michael Paladino, Gerald Hooks and Lesly K. Hooks v. Farmers Group, Inc. Farmers Underwriters Association Fire Underwriters Association Farmers Insurance Exchange Fire Insurance Exchange Texas Farmers Insurance Company Mid-Century Insurance Company of Texas Mid-Century Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Nov 6, 2009

Second, in addition to these general reductions, Farmers also agreed to give additional reductions to qualifying policyholders. … and the notice informs the recipients how to determine whether they qualify for relief as members of the Credit Usage Notice Class.