Case law

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  • Charles Ly v. Rodney Schmidt, M.D.

    Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2007

    Ly also attached to his response an affidavit by Ralph Lilly, M.D., a board-certified neurologist. (5) However, rule 166a requires affidavits to conform to section 312.011(1) of the government code. Hall v. … See Phan Son Van v.

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  • Charles Ly v. Sara Austin, M.D., and Kent Ellington, M.D.

    Texas Court of Appeals, 3rd District (Austin) · Jul 13, 2007

    Broders v. Heise , 924 S.W.2d 148, 152 (Tex. 1996). … Walker v. Gutierrez , 111 S.W.3d 56, 63 (Tex. 2003).

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  • Charles Ly v. Sara Austin, M.D., and Kent Ellington, M.D.

    Texas Court of Appeals, 3rd District (Austin) · Jul 13, 2007

    Page described her qualifications as follows: I am a duly licensed and practicing Board Certified Physician. … Broders v. Heise, 924 S.W.2d 148, 152 (Tex. 1996).

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  • Chester William Ingram, Jr., M.D. v. Wayne Scott

    Texas Court of Appeals, 3rd District (Austin) · May 11, 2000

    ED-01.21 states that Board Rules shall be "published in the Texas Administrative Code," Board Policies are signed by the Department chairman and "distributed by Executive Services," Executive Directives are signed by the … "; the Personnel Manual "includes selected board rules and board policies that relate to human resources and all executive directives that are also known as personnel directives"; and each division or department reviews,

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  • Thomas C. Retzlaff v. Denise A. Retzlaff

    Texas Court of Appeals, 3rd District (Austin) · Aug 8, 2002

    Guyot v. Guyot, 3 S.W.3d 243, 247-48 (Tex. App.CFort Worth 1999, no pet.); First Nat=l Bank v. Birnbaum, 826 S.W.2d 189, 190 (Tex. App.CAustin 1992, no writ). It may supply facts in certain situations. N-S-W Corp. v. … See Brown v. Fullenweider, 52 S.W.3d 169, 170 (Tex. 2001) (decree allocated responsibility for attorney=s fees between spouses but was not an Aaward@ of fees to the attorney).

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  • Texas Health and Human Services Commission v. Anna Lisa Guajardo

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

    Dist. v. Blue , 34 S.W.3d 547, 554 (Tex. 2000). … See Bohannan v. Texas Board of Criminal Justice , 942 S.W.2d 113, 117 (Tex. App.--Austin 1997, writ denied); see also Harrison v. Texas Dep't of Criminal Justice , 164 S.W.3d 871, 876 (Tex. App.

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  • Texas Health and Human Services Commission v. Jessica Lukefahr

    Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2015

    In Ovation Lending, L.L.C, et. al. v. Finance Commission of Texas, et. al. in Cause No. … v. Finance Commission of Texas, et. al. in Cause No. D-1-GN-15-000886 and Leala S. Mann v. The Employees Retirement System of Texas, et. al. Cause No.

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  • William E. Johnson v. Ken Paxton, Texas Attorney General David Gutierrez, Chairman Board of Pardons and Paroles Joni White, Assistant Director of the Texas Department of Criminal Justice Classification and Records Department And Pamela Thielke, Texas Parole Division Director

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

    Johnson, Appellant v. … Scripps NP Operating, LLC v. Carter, 573 S.W.3d 781, 788 (Tex. 2019); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); see also Tex. Civ. Prac. & Rem.

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  • Robert J. Klebe v. University of Texas System, University of Texas Health Science Center at San Antonio, and Brian Herman

    Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2007

    County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002). A plaintiff must allege facts affirmatively demonstrating the trial court's jurisdiction to hear the case. Texas Ass'n of Business v. … Brown , 80 S.W.3d at 555 .

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  • Texas Parks and Wildlife Department v. W.M. Callaway, Jr.

    Texas Court of Appeals, 3rd District (Austin) · Jun 11, 1998

    Co. v. Board of Regents , 909 S.W.2d 540, 541 (Tex. App. … Co. v. Board of Regents , 909 S.W.2d 540 (Tex. App.--Austin 1995, writ denied), is dispositive of the issues on appeal.

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  • Patricia Sullivan and Dannah Broughton v. Texas Department of Criminal Justice

    Texas Court of Appeals, 3rd District (Austin) · Feb 3, 2000

    See Lusk v. Foxmeyere Health Corp., 129 F.3d 773 , 777 (5th Cir. 1997); Trevino v. … See Labor Code § 21.001(1); Schroeder v. Texas Iron Works, Inc. , 813 S.W.2d 483, 485 (Tex. 1991); Wal-Mart Stores, Inc. v. Davis , 979 S.W.2d 30, 34 (Tex. App.--Austin 1998, pet. denied).

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  • Breeon Leon Price v. State

    Texas Court of Appeals, 3rd District (Austin) · May 19, 2006

    Strickland v. Washington, 466 U.S. 668, 687 (1984); Hernandez v. State, 726 S.W.2d 53, 57 (Tex. Crim. App. 1986). … See Brown v. State, 64 S.W.3d 94, 99 (Tex. App.—Austin 2001, no pet.). Reliability is the linchpin in determining the 3 admissibility of identification testimony.

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  • Breeon Leon Price v. State

    Texas Court of Appeals, 3rd District (Austin) · May 19, 2006

    Strickland v. Washington , 466 U.S. 668, 687 (1984); Hernandez v. State , 726 S.W.2d 53, 57 (Tex. Crim. App. 1986). … See Brown v. State , 64 S.W.3d 94, 99 (Tex. App.--Austin 2001, no pet.). Reliability is the linchpin in determining the admissibility of identification testimony. Manson v. Brathwaite , 432 U.S. 98, 114 (1977); Moore v.

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  • Shedrick Mitchell v. State

    Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2011

    See Dean v. State , 749 S.W.2d 80, 83 (Tex. Crim. … ."); see also Holmes v. State , 248 S.W.3d 194, 201 (Tex. Crim.

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  • Hughella F. Kelley v. Employees Retirement System of Texas

    Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2021

    Bush v. Lone Oak Club, LLC, 601 S.W.3d 639, 647 (Tex. 2020) (citing MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 500 (Tex. 2010)). … Code § 51.212 (authorizing governing boards of private institutions of higher education to employ peace officers).

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  • Roy Jon v. Bobby Griffin, Romonia Bobino, Sally Carrier, Brenda Williams, Paula Foy, Sandra Robinson, George Bell, David Doughty, Gary Johnson, Cynthia Chiles, and the Texas Department of Criminal Justice, Institutional Division

    Texas Court of Appeals, 3rd District (Austin) · May 8, 2009

    Gov’t Code Ann. §§ 211.010(a), .011(a) (West 2008) (person aggrieved by zoning decision may appeal to board of adjustment, and, after decision by board, “may” seek judicial review); Jones v. Clarksville Indep. Sch. … Gov’t Code Ann. § 211.010(b) (appeal to board of adjustment “must be filed within a reasonable time”); Westheimer Indep. Sch. Dist. v.

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  • Charles E. Willis D/B/A Willis Inspection Service v. Bay North Homeowners Association, Inc.

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

    Id. at 1031-32; see also Siebert v. Bergman, 44 S.W. 63, 63-64 (Tex. 1898) (quoting Post v. … P. 166a(i) & cmt. 1997; Johnson v.

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  • Central Counties Center for Mental Health & Mental Retardation Services v. Rodriguez

    45 S.W.3d 707 · Texas Court of Appeals, 3rd District (Austin) · Mar 29, 2001

    (citing Moreno v. Sterling Drug, Inc., 787 S.W.2d 348, 352 (Tex.1990); RepublicBank Dallas, N.A. v. Interkal, Inc., 691 S.W.2d 605, 607 (Tex. 1985)). … facilities for the purpose of protecting the health, safety, and rights of their patients, id. § 821.002(a), and the board has done so.

    Reversed by CTL. COUNS. CNR. MH AND MENTAL RETARDATION SERV. v. Rodriguez, 106 S.W.3d 702 (2003)Cited 20 timesPublished
  • Susie Nelms Gass v. Luke Leon Coffee

    Texas Court of Appeals, 3rd District (Austin) · Sep 13, 2001

    First Nat'l Bank v. Brown , 23 S.W. 862 , 863 (Tex. 1892) (holding that under predecessor statute, sale of animal without written transfer is prima facie illegal but open to explanation) (quoting Wells v. … Coastal Chem., Inc. v. Brown , 35 S.W.3d 90, 99 (Tex. App.--Houston [14th Dist.] 2000, pet. filed).

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  • Charles E. Wallace v. Texas Department of Health Eduardo Sanchez, M.D. Sharilyn Stanley, M.D. John Doe and Jane Doe

    Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2007

    Browning-Ferris Indus., Inc., No. 01-92-00134-CV, 1994 Tex. App. LEXIS 2541, at **9-11 (Tex. App.—Houston [1st Dist.] 1994, no pet. h.) … Bernard v. Browning-Ferris Indus., Inc., No. 01-92-00134-CV, 1994 Tex. App. LEXIS 2541, at *9 (Tex. App.—Houston [1st Dist.] 1994, no pet. h.) (op. on reh’g, not designated for publication).

    Cited 0 timesPublished

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