Case law

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  • Danny Joe Wright v. Frances Joette Wright

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

    Comm'n v. Little-Tex. Insulation Co. , 39 S.W.3d 591 , 598 n.1 (Tex. 2001) (appellant's failure to brief, or to adequately brief, an issue on appeal waives that issue); Sunnyside Feedyard, L.C. v. Metropolitan Life Ins. … Id. ; Smith v. Brown , 51 S.W.3d 376, 380 (Tex. App.--Houston [1st Dist.] 2001, pet. denied). In determining whether an appeal is frivolous, we apply an objective test. Smith , 51 S.W.3d at 381 .

    Cited 0 timesPublished
  • Liberty Mutual Insurance Company Liberty Insurance Corporation Liberty Mutual Fire Insurance Company LM Insurance Corporation And First Liberty Insurance Corporation v. Betty Griesing, Individually and on Behalf of All Other Persons Similarly Situated

    Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

    Code Ann. §§ 912.001-.804 (West 2004). 5 Before 1991, the insurance business was regulated by the three-member board of insurance and a commissioner of insurance, who was appointed by the board. … Board of Commissioners, 126 S.W.2d 741 (Tex. Civ. App.

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  • Chocolate Bayou Water Company and Sand Supply, a Division of Campbell Concrete and Materials, L.P. v. Texas Natural Resource Conservation Commission City of Houston, Texas Brazos River Authority And Texas Water Development Board

    Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

    Dist. v. Sullivan, 51 S.W.3d 293, 294-95 (Tex. 2001). … See Hill v. Board of Trs., Ret. Sys., 40 S.W.3d 676, 678 (Tex. App.—Austin 2001, no pet.). Appellants contend that the exhaustion doctrine does not control this case because certain exceptions apply.

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  • Alphonso Crutch Life Support Center, Inc. v. Mike Morath, Commissioner of Education in His Official Capacity And John Doe and Jane Doe, in Their Official Capacities

    Texas Court of Appeals, 3rd District (Austin) · Sep 7, 2016

    BACKGROUND In 1998, a contract for an open-enrollment charter school was executed between Alphonso Crutch, a non-profit organization, and the State Board of Education. … Corp. v.

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  • Rochelle Reed v. State

    Texas Court of Appeals, 3rd District (Austin) · Feb 8, 2001

    Jackson v. Virginia , 443 U.S. 307, 319 (1979); accord Patrick v. State , 906 S.W.2d 481, 486 (Tex. Crim. App. 1995); Geesa v. State , 820 S.W.2d 154, 167 (Tex. Crim. App. 1991); Roberson v. … When Brown was contacted concerning the house, Brown's lawyer responded that Brown was married and did not know appellant. Jeffries claimed this episode damaged his reputation with the realtor.

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  • Dora Benavidez v. Travelers Indemnity Company of Connecticut

    Texas Court of Appeals, 3rd District (Austin) · Jan 23, 1998

    See Ward v. Charter Oak Fire Ins. … Comm'n App. 1929, holding approved) (considering whether evidence supported conclusion that notice to board had been accomplished within the statutory period).

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  • John David McNair v. State

    Texas Court of Appeals, 3rd District (Austin) · Mar 27, 1996

    Blakeney v. State , 911 S.W.2d 508, 515 (Tex. App.Austin 1995, no pet.) (quoting Brown v. State , 657 S.W.2d 117, 118 (Tex. Crim. App. 1983)). … Blakeney v. State , 911 S.W.2d 508, 515 (Tex. App.Austin 1995, no pet.) (quoting Brown v. State , 657 S.W.2d 117, 118 (Tex. Crim. App. 1983)).

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  • in Re Patrick Earl Conely

    Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2010

    He has petitioned this Court for a writ of mandamus to compel the judge of the 353rd District Court of Travis County to consider and rule on motions pending in cause number D-GN-07-001319, Patrick Earl Conely v. … Texas Board of Criminal Justice, et al .

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  • in Re Richard Bradley

    Texas Court of Appeals, 3rd District (Austin) · Aug 15, 2012

    Ann. art. 11.07, §§ 3, 5; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).

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  • Darren Moore v. State

    Texas Court of Appeals, 3rd District (Austin) · Apr 2, 2010

    See, e.g. , United States v. Brown , 913 F.2d 570, 572 (8th Cir. 1990) (explaining that "weapons and violence are frequently associated with drug transactions"). … See Texas v. Brown , 460 U.S. 730, 742 (1983) (plurality op.).

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  • Kenneth Wayne Cole v. State

    Texas Court of Appeals, 3rd District (Austin) · May 12, 1993

    Garcia v. State , 827 S.W.2d 937, 943 (Tex. Crim. App. 1992); see Amores , 816 S.W.2d at 413 ; Gordon v. State , 801 S.W.2d 899, 912 (Tex. Crim. … Spillman v. State , 824 S.W.2d 806, 811 (Tex. App.--Austin 1992, pet. ref'd); Brown v. State , 830 S.W.2d 171, 174 (Tex. App.--Dallas 1992, pet. ref'd). Point of error two is overruled.

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  • Abraham Garcia v. State

    Texas Court of Appeals, 3rd District (Austin) · Oct 24, 2002

    See Jackson v. Virginia , 443 U.S. 307, 324 (1979); Griffin v. State , 614 S.W.2d 155, 158-59 (Tex. Crim. App. 1981). … --Corpus Christi 2001, pet. ref'd) (defendant struck assault victim with boards; evidence supported finding that he intended to use boards in manner capable of causing death or serious bodily injury).

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  • Richard Walton v. Texas Real Estate Commission

    Texas Court of Appeals, 3rd District (Austin) · Nov 26, 2024

    Id.; Granek v. Texas State Bd. of Med. Exam’rs, 172 S.W.3d 761, 780–81 (Tex. App.—Austin 2005, no pet.); see Garcia v. Texas Real Est. … The board wrote: The Texas Board of Medical Examiners finds that the findings of fact and conclusions of law, and the proposed Order by the Administrative Law Judge are against the weight of the evidence

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  • Perkins v. Group Life & Health Insurance Co.

    49 S.W.3d 503 · Texas Court of Appeals, 3rd District (Austin) · Aug 9, 2001

    Following our decisions in Beyer v. Employees Ret. Sys., 808 S.W.2d 622 (Tex.App.—Austin 1991, writ denied), *506 and Butler v. Group Life & Health Ins. Co., 962 S.W.2d 296 (Tex.App. … Sys. v. Blount, 709 S.W.2d 646, 647 (Tex.1986); see also Montgomery v. Blue Cross & Blue Shield of Tex., Inc., 923 S.W.2d 147, 151 (Tex.App.—Austin 1996, writ denied).

    Cited 14 timesPublished
  • Keystone RV Company v. Texas Department of Motor Vehicles, Motor Vehicle Division

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

    KYLE KEYSTONE RV COMPANY, Clerk Plaintiff, v. … dennis.mckinney@texasattorneygeneral.gov Chief, Administrative Law Division Attorneys for Defendant TO THE HONORABLE JUSTICES OF THE COURT: Defendant, the Texas Department of Motor Vehicles Board (“Defendant”)

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  • Lorenzo Lewis v. State

    Texas Court of Appeals, 3rd District (Austin) · Aug 14, 1997

    Sergeant Jimmie Brown who conducted the photographic show-up testified that the appellant was the "number two" man in the display viewed by Phillips. … She viewed two photographic show-ups for Sergeant Brown, but while testifying she became confused about the identification she had made.

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  • Liberty Mutual Insurance Company Liberty Insurance Corporation Liberty Mutual Fire Insurance Company LM Insurance Corporation And First Liberty Insurance Corporation v. Betty Griesing, Individually and on Behalf of All Other Persons Similarly Situated

    Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

    Code Ann. ''912.001-.804 (West 2004). [5] Before 1991, the insurance business was regulated by the three-member board of insurance and a commissioner of insurance, who was appointed by the board. … Code Ann. art. 5.101 (West Supp. 2004). [7] We note that our conclusion is consistent with American Alliance Insurance Co. v. Board of Commissioners , 126 S.W.2d 741 (Tex. Civ.

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  • Ex Parte: Chad Todd

    Texas Court of Appeals, 3rd District (Austin) · Jun 12, 1996

    The parole board sought to revoke appellant's parole based on the indecency with a child charge. … See Ashe v. Swinson , 397 U.S. 436, 442-43 (1970).

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  • James H. Bruce v. Jamie Kothmann, Joe Esnoz, and Ted Lee

    Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

    Bruce tendered his resignation at a teleconference on June 19, 1992, and the board voted to accept it. … Also, the minutes reflect that the board determined that the offer should "have no greater priority than any other debts."

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  • Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

    Texas Court of Appeals, 3rd District (Austin) · Oct 12, 1994

    Defendants point to the involvement of the Texas Association of School Boards in handling some of the administration. … Co. of the Southwest v. Brister , 722 S.W.2d 764, 770 (Tex. App.Fort Worth 1986, no writ); RSR Corp. v. Hayes , 673 S.W.2d 928, 931-32 (Tex.

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