Case law

Larry Don Atkins v. Texas Department of Motor Vehicles

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2021

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00964-CV Larry Don Atkins, Appellant v. … We must presume that the Board’s order is supported by substantial evidence, and the appellant has the burden of overcoming this presumption. Austin Chevrolet, Inc. v.

Axel M. Sigmar and Lucia S. Sigmar v. Alan Anderson and Jo Ellen Anderson

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2006

LEXIS 2599, at *7 ; see also Biaza v. Simon , 879 S.W.2d 349, 353 (Tex. App.--Houston [14th Dist.] 1994, writ denied). Only void judgments can be collaterally attacked. Browning v. … Barr v. Resolution Trust Corp. , 837 S.W.2d 627, 628 (Tex. 1992); see also Browning v. Prostok , 165 S.W.3d 336, 349 (Tex. 2005); Henderson , 2006 Tex. App. LEXIS 2599 , at *17-*18.

Juan Enriquez v. Christina Melton Crain, Chair of the Texas Board of Criminal Justice Nathaniel Quarterman, Former Director TDCJ Brad Livingston, Former Executive Director TDCJ And John Rupert, Former Warden of Michael Unit TDCJ

Texas Court of Appeals, 3rd District (Austin) · Jul 6, 2018

See Enriquez v. State, 429 S.W.2d 141, 145 (Tex. Crim. App. 1968). … See Furman v. Georgia, 408 U.S. 238, 239 (1972) (holding unconstitutional the imposition and carrying out of death penalty in Georgia and Texas cases before court); see also Enriquez v.

Kirk Wayne McBride v. the City of New Braunfels, and Ray Douglas

Texas Court of Appeals, 3rd District (Austin) · Mar 15, 1995

Reimer v. Scott , 666 S.W.2d 384, 385 (Tex. App.--Houston [14th Dist.] 1984, writ dism'd); Brown v. State Farm Mut. Automobile Ins. Co. , 449 S.W.2d 93, 97 (Tex. Civ. App.--Fort Worth 1969, no writ). … See Wood v. Texas Farmers Ins. Co. , 593 S.W.2d 777, 782 (Tex. Civ. App.

John C. Cangelosi, Jr. v. Texas Water Commission

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex. 1991); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985). … Frenzel v. Browning-Ferris Indus., 780 S.W.2d 844, 846 (Tex. App.--Houston [14th Dist.] 1989, no writ).

Rent-A-Center, Inc. v. Glenn Hegar, in His Capacity as Comptroller of Public Accounts of the State of Texas And Ken Paxton, in His Capacity as Attorney General of the State of Texas

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

KYLE Austin, Texas Clerk RENT-A-CENTER, INC., Appellant, v. … Chrismon v. Brown, 246 S.W.3d 102, 116 (Tex. App.—Houston [14th Dist.] 2007, no pet.). Because the trial court entered no judgment on the cost-of-goods-sold issue, there is no error to address.

Alexander Kosaka v. Hook and Anchor Marine and Watersports, LLC

Texas Court of Appeals, 3rd District (Austin) · Nov 8, 2012

Evid. 408; Brown v. American Transfer & Storage Co., 601 S.W.2d 931, 934–95 (Tex. 1980) (discussing collateral source rule). … Enright, 330 S.W.3d at 402 (citing Patlyek, 149 S.W.3d at 786); see also Kroger Co. v. Brown, 267 S.W.3d 320, 324 (Tex. App.—Houston [14th Dist.] 2008, no pet.)

Rafael Francisco Narvaez v. Rita Ortiz Maldonado

Texas Court of Appeals, 3rd District (Austin) · Jan 23, 2004

See Texas Dep't of Transp. v. T. Brown Constructors, Inc. , 947 S.W.2d 655, 659 (Tex. App.--Austin 1997, writ denied) (bill of review that fails as direct attack may constitute collateral attack). … Herrera , 11 S.W.3d at 927 ; French v. Brown , 424 S.W.2d 893, 895 (Tex. 1967). One with an available appeal who fails to pursue that remedy is not entitled to seek relief by bill of review. Rizk v.

Universal Underwriters Insurance Company v. State of Texas Dan Morales, Attorney General of the State of Texas Kay Bailey Hutchison, Treasurer of the State of Texas State Board of Insurance Claire Korioth, in Her Official Capacity Richard Reynolds, in His Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

Universal v. State TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-94-00681-CV Universal Underwriters Insurance Company, Appellant v. … The other statutory defendants are: Attorney General Dan Morales; then State Treasurer Kay Bailey Hutchison; State Board of Insurance; then State Board of Insurance Members Claire Korioth, Richard Reynolds, and Allene Evans

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

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

P. 166a(c); Cathey v. Booth, 900 S.W.2d 339, 341 (Tex. 1995); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex. 1985). … See Board of Regents v. Roth, 408 U.S. 564, 577 (1972). The presumption that employment in Texas is at will is difficult to overcome. See Montgomery County Hosp. Dist. v. Brown, 965 S.W.2d 501, 502 (Tex.1998).

Gary Beck Law Insurance Agency F/K/A the G. Beck Company D/B/A the Beck Company The Beck Benefits Company And John Mueller's Barbecue, Inc. v. the Law Offices of Edwin J. Ted Terry, Jr., P.C. John Ott, as Representative of the Estate of Edwin J. Ted Terry, Jr., James A. Vaught And Karl E. Hays

Texas Court of Appeals, 3rd District (Austin) · May 1, 2009

Compare Duerr v. Brown, 262 S.W.3d 63, 69-70 (Tex. App.—Houston [14th Dist.] 2008, no pet.) … Duerr v. Brown, 262 S.W.3d 63, 70 (Tex. App.—Houston [14th Dist.] 2008, no pet.). “The plaintiff must present a claim that goes beyond what traditionally has been characterized as legal malpractice.”

in Re Patrick Earl Conely

Texas Court of Appeals, 3rd District (Austin) · Jul 1, 2009

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-1-GN-07-001319, Patrick Earl Conely v. … Texas Board of Criminal Justice, et al. We are not told the nature of this lawsuit, in which Conely is representing himself.

Barbara Ann Doughty v. Stephen William Doughty

Texas Court of Appeals, 3rd District (Austin) · Apr 21, 2006

Kimsey v. Kimsey, 965 S.W.2d 690, 704 (Tex. App. … Murff v. Murff, 615 S.W.2d 696, 698-99 (Tex. 1981). A trial court abuses its discretion if the property division is manifestly unjust and unfair, O’Carolan v. Hopper, 71 S.W.3d 529, 532 (Tex. App.

Rafael Francisco Narvaez v. Rita Ortiz Maldonado

Texas Court of Appeals, 3rd District (Austin) · Jan 23, 2004

See Texas Dep’t of Transp. v. T. Brown Constructors, Inc., 947 S.W.2d 655, 659 (Tex. App.—Austin 1997, writ denied) (bill of review that fails as direct attack may constitute collateral attack). … Herrera, 11 S.W.3d at 927; French v. Brown, 424 S.W.2d 893, 895 (Tex. 1967). One with an available appeal who fails to pursue that remedy is not entitled to seek relief by bill of review. Rizk v.

Carl MacK Burford, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2003

A search of the car uncovered, among other things, small plastic bags containing a white powdery substance and a brown granular substance that tests later revealed were cocaine and methamphetamine. … See Guzman v. State, 955 S.W.2d 85, 89 (Tex. Crim. App. 1997).

Carl MacK Burford, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2003

A search of the car uncovered, among other things, small plastic bags containing a white powdery substance and a brown granular substance that tests later revealed were cocaine and methamphetamine. … See Guzman v. State , 955 S.W.2d 85, 89 (Tex. Crim. App. 1997).

Juan Herrera v. Smith Farms, Inc.

Texas Court of Appeals, 3rd District (Austin) · Mar 15, 1995

Herrera v. Smith Farms, Inc. TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-94-00622-CV Juan Herrera, Appellant v. … A board had been placed under one of the front supports to prevent it from sinking into the muddy ground. The board broke, causing the trailer to fall to one side and the trailer's cargo to shift.

Steven Paul Wilson v. Charles C. Dorbandt

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

Willis v. Maverick, 760 S.W. 2d 642,644 {Tex. 1988). Plaintiffs alleged events occurred in 2009 and 2010. … Code, Sec. 73.001, 73.005; See, Brown v. Swett & Crawford of Texas, Inc., 178 S.W.3d 373, 382 (Tex. App.-Houston [1 Page 3 of 5 Dist.] 2005, no pet.).

Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas v. Haber Fabrics Corp.

Texas Court of Appeals, 3rd District (Austin) · Mar 2, 2000

The machines also fold the fabric for rolling on boards of approximately thirty inches in length. … This view was rejected by this Court in Texas Citrus Exchange v.

Gerald Ray Hawkins v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 12, 1998

Dinnery v. State , 592 S.W.2d 343, 352-53 (Tex. Crim. App. 1980) (opinion on rehearing). Point of error one is overruled. … Brown v. State , 943 S.W.2d 35, 36 (Tex. Crim. App. 1997). Appellant's contention to the contrary is without merit. Point of error two is overruled. The judgment of conviction is affirmed. J.