Case law

Scotty Lynn Collum v. State

Texas Court of Appeals, 3rd District (Austin) · May 2, 2002

Properly Qualified Jury In his second issue, appellant contends that he was denied the right to trial by a "properly qualified" jury in violation of article I, section 10, of the Texas Constitution. See Tex. Const. art. … Because the record clearly reflects that the first jury was not sworn, and because appellant has failed to establish that any jurors were unqualified, we cannot say that his counsel's failure to object falls outside professional

City of Leander Kent Cagle, Individually and in His Official Capacity as City Manager of the City of Leander and Thomas Yantis, Individually and in His Official Capacity as Assistant City Manager and Planning Director for the City of Leander v. Premas Global Leander I, LLC

Texas Court of Appeals, 3rd District (Austin) · Jul 20, 2015

The Texas Supreme Court has clearly stated that suits to establish a contract’s validity, enforce its performance, or establish a governmental entity’s liability cannot proceed without legislative permission. Tex. … Because waivers must be strictly construed, immunity is waived only to the extent a claim falls clearly within the parameters set forth by the Legislature. See id.

Robert Scott, Commissioner of Education v. Alphonso Crutch LSC Charter School, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 20, 2010

The Commissioner argues that all of the School's claims are barred by sovereign immunity. Sovereign immunity embraces two principles: immunity from suit and immunity from liability. Federal Sign v. Texas S. … The School contends that this statement is inaccurate and, therefore, the Commissioner "has clearly acted beyond the scope of authority granted by the Legislature."

Charles Brown v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 7, 2013

The foundation for a business record may be established by testimony or an affidavit from the custodian of the records or other qualified 2 witness. Tex. R. … App. 1997) (“This Court has consistently classified . . . drug usage as specific instances of conduct which are immune from impeachment.”).

Michael Garrett, M. D. and Kristin Held, M.D. v. the Texas State Board of Pharmacy, Dennis Wiesner, Bradley Miller, Donnie Lewis, Jenny Yoakum, Rick Fernandez, Daniel Guerroro, Lori Henke, L. Suzan Kedron, Julie Spier, Chip Thornsburg, and Suzette Tijerina, in Their Official Capacities as Members of the State Board of Pharmacy

Texas Court of Appeals, 3rd District (Austin) · Jan 25, 2023

The Doctors are therefore clearly distinguishable from the eyebrow threaders in Patel, who faced a barrier of entry before they could even begin to legally practice their chosen profession. … Accordingly, Doctors must, and have failed to, establish that the Dispensing Ban is “so burdensome as to be oppressive.” See Patel, 469 S.W.3d at 87.

Lake LBJ Municipal Utility District v. Bennett Coulson & C.A.E., Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 1992

Even when a governmental unit performing governmental functions would clearly be liable if it were a private citizen, the claimant must still point to a statute waiving immunity from suit or obtain from the legislature consent … It follows that, if a governmental entity enjoyed immunity from suit, it enjoyed immunity from liability for attorney's fees as well.

Hannah R. Tanner v. Texas State University

Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2022

Code § 16.003(a) (establishing two-year limitations period for personal-injury suits). … We agree. 5 Sovereign immunity and statutory prerequisites to suit Sovereign immunity bars suits against the state and its entities, and this immunity

Texas Health Care Information Council and the State of Texas, Office of the Attorney General v. Seton Health Plan, Inc.

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2002

State agencies enjoy immunity from suit under the doctrine of sovereign immunity. See Texas S. Univ. v. Federal Sign , 951 S.W.2d 401, 405 (Tex. 1997). … The record does not reflect that the district court clearly abused its discretion. We overrule the State's third issue.

Bastrop County v. Rebekah Montie

Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2015

Hogue, 271 S.W.3d 238, 256 (Tex. 2008). 3  As mentioned above, this case was filed under the Act, which waives “sovereign immunity from suit for retaliatory … LEXIS 1165, at *7-8 (rejecting idea that member of legislature qualifies as law-enforcement authority).

Oak Crest Manor Nursing Home, LLC Day Life Corporation Terry Rowan Norma Elemento And Grover Moore v. Peggy Barba, as Guardian of S.F.

Texas Court of Appeals, 3rd District (Austin) · Sep 27, 2016

Simply, the most qualified evidence of capacity comes from the expert opinions of Dr. McRoberts and Dr. Mansfield, who find clearly, and medically, that Shawn Frank lacked capacity. … The evidence clearly establishes Plaintiff lacked capacity when he executed the agreement at issue, first through Appellants’ own records made immediately upon Plaintiff’s admission to Oakcrest Manor, second, the

Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC

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

Appellant also does not dispute the established law that SAS' s satisfaction of section 406.123 makes it a deemed employer immune from suit by deemed employees. E.g., Tex. Lab. … Affirming summary judgment also avoids conflicting with the Supreme Court's concern that failing to find immunity in cases where the purposes of OCIP policy have clearly been satisfied will lead to the elimination of this

City of Austin v. Maria Furtado

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2021

We conclude that the alleged defect was a special defect and that the undisputed evidence conclusively establishes that the City did not have actual knowledge of the defect. … Clearly, City Police Officers and Fire Fighters and Bus Drivers and myriad other employees passed by the sinkhole while it was a sinkhole and should have reported it.

Leonard Fisher v. State

Texas Court of Appeals, 3rd District (Austin) · May 17, 2001

Appellant's first issue or point of error is that the court erred by overruling his motion to dismiss on the ground that appellant is immune from prosecution by the State of Texas. … Appellant states in his brief that he was stopped and immediately arrested for failing to establish financial responsibility.

Concho Residential Service, Inc. v. MHMR Services for the Concho Valley A/K/A Concho Valley Center for Human Advancement, in Its Capacity as an Unincorporated Association, Its Capacity as a Mental Retardation Authority, and as a Purported Community MHMR Center

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 1999

Clearly, the legislature meant to authorize the creation of community centers by means of contract. … --Houston [14th Dist.] 1984, no writ) (PMRA "clearly restricts recovery to mentally retarded persons and to those entitled to bring suit in their behalf").

Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas v. Texas Entertainment Association, Inc. and Karpod, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 5, 2009

For example, Steven White, a program specialist in the Comptroller's tax policy division, testified that if a play involving nudity was held at a bar or other establishment that serves alcohol, the owner of the establishment … Holland , 221 S.W.3d 639, 643 (Tex. 2007) ("Absent an express waiver of its sovereign immunity, the State is generally immune from suit.").

Scotty Lynn Collum v. State

Texas Court of Appeals, 3rd District (Austin) · May 2, 2002

Properly Qualified Jury In his second issue, appellant contends that he was denied the right to trial by a Aproperly qualified@ jury in violation of article I, section 10, of the Texas Constitution. … Because the record clearly reflects that the first jury was not sworn, and because appellant has failed to establish that any jurors were unqualified, we cannot say that his counsel=s failure to object falls outside professional

Leonard Fisher v. State

Texas Court of Appeals, 3rd District (Austin) · May 17, 2001

Appellant states in his brief that he was stopped and immediately arrested for failing to establish financial responsibility. … These definitions clearly include appellant and his pickup truck. Point of error five is overruled. Point of error six restates the Speedy Trial Act argument asserted in point two.

Bechtel Corporation MasTec North America, Inc., D/B/A Wilde Construction C&S Network Construction and Bechtel Telecommunications v. CITGO Products Pipeline Company

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2008

whether a finding was against the great weight and preponderance of the evidence, the court of appeals must consider and weigh all of the evidence, and can set aside a finding only if the evidence is so weak that it is clearly … Expert testimony is admissible if (1) the expert is qualified, and (2) the testimony is relevant and based on a reliable foundation. Wilkins, 47 S.W.3d at 499; Robinson, 923 S.W.2d at 556.

Texas Health and Human Services Commission v. Julius Kadia

Texas Court of Appeals, 3rd District (Austin) · Jun 28, 2024

, which deprives courts of subject-matter jurisdiction for suits against such entities unless immunity has been waived. … The plaintiff can do so, as relevant, “by showing either that he was clearly better qualified than the employee who was selected or that the employer’s proffered explanation for its decision was false or unworthy of credence

Mary Louise Serafine v. Alexander Blunt and Ashley Blunt

Texas Court of Appeals, 3rd District (Austin) · May 1, 2015

from, or not in furtherance of acts immunized from, liability by this Act”) (emphasis added); see also Mass. … The Legislature when crafting the clause two definition clearly and unambiguously resorted to an easily understandable concept of what constitutes a public issue.