Case law

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  • Missouri Pacific Railroad Company D/B/A Union Pacific Railroad Company and William R. Slone, III v. Lely Development Corporation

    Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2002

    Dresser Indus., Inc. v. … Brown v. Aztec Rig Equip., Inc., 921 S.W.2d 835, 846 (Tex. App.CHouston [14th Dist.] 1996, writ denied) (quoting Nguyen Ngoc Giao v. Smith & Lamm, P.C., 714 S.W.2d 144, 146 (Tex.

    Cited 0 timesPublished
  • Elias J. De La Garza D/B/A Elias De La Garza Insurance v. Texas Department of Insurance and Commissioner of Insurance David Mattax

    Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2015

    Pension Sys. v. … (“Even if we were to find, however, that the Board engaged in an unlawful procedure, the task at hand is to determine whether Lone Star’s substantial rights were prejudiced by the Board’s [allegedly unlawful procedure].

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  • Nobie Jeanine Montgomery v. State

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

    Jackson v. Virginia , 443 U.S. 307 (1979); Geesa v. State , 820 S.W.2d 154 (Tex. Crim. App. 1991); Griffin v. State , 614 S.W.2d 155 (Tex. Crim. App. 1981). … Brown v. State , 911 S.W.2d 744, 746-47 (Tex. Crim. App. 1995); Martinets v. State , 884 S.W.2d 185, 187-88 (Tex. App.--Austin 1994, no pet.).

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  • Jason DeLosSantos v. State

    Texas Court of Appeals, 3rd District (Austin) · Jul 18, 2014

    See Danzi v. State, 101 S.W.3d 786, 789 (Tex. App. … See Ortega v. State, 626 S.W.2d 746, 749 (Tex. Crim.

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  • James Allen Brickley v. Justin Elliott Reed

    Texas Court of Appeals, 3rd District (Austin) · Mar 7, 2023

    (quoting 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.” Id. … Gray v. Skelton, 595 S.W.3d 633, 637 (Tex. 2020) (quoting Peeler v. Hughes & Luce, 909 S.W.2d 494, 498 (Tex. 1995) (plurality op.)).

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  • Valdomero Herrera Coy v. State

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

    See Sonnier v. State , 913 S.W.2d 511, 518 (Tex. Crim. App. 1995); Jones v. State , 843 S.W.2d 487, 492 (Tex. Crim. App. 1992); Brown v. State , 692 S.W.2d 497, 501 (Tex. Crim. App. 1985); Hernandez v. … See Cook v. State , 858 S.W.2d 467, 473 (Tex. Crim. App. 1993); Cooks v. State , 844 S.W.2d 697, 727-28 (Tex. Crim. App. 1992); Harris v. State , 784 S.W.2d 5, 19 (Tex. Crim. App. 1989).

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  • Ex Parte Matthew W. Denison

    Texas Court of Appeals, 3rd District (Austin) · Jul 25, 2008

    Q: Are you aware that [counsel] is board certified in criminal law? A: Yes. … (citing State v. Weaver , 982 S.W.2d 892, 893 (Tex. Crim. App. 1998) & Wood v. State , 573 S.W.2d 207, 210 (Tex. Crim. App. 1978)); Hall v. State , 124 S.W.3d 246, 251-52 (Tex. App.

    Cited 0 timesPublished
  • Crispin James Harmel v. State

    Texas Court of Appeals, 3rd District (Austin) · Feb 26, 2020

    Harmel next notes a similar problem with a brown/black Samsung cellphone of his that the State seized from him several years earlier, upon his arrest, and later searched. … We hold that the warrant’s description for the brown/black Samsung, including its owner and where it could be found, was sufficiently particular under the governing standards.

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  • Turner Brothers Trucking Company, Inc. v. Commissioner of Insurance of the State of Texas and Texas Workers' Compensation Insurance Facility

    Texas Court of Appeals, 3rd District (Austin) · Dec 13, 1995

    In support of its argument, Turner Brothers cites Benton v. Wilmer-Hutchins I.S.D. , 662 S.W.2d 696 (Tex. App.--Dallas 1983, writ dism'd), overruled in part on other grounds, Orange County v. … The duties of the former State Board of Insurance are now performed by the Commissioner of Insurance or the Texas Department of Insurance. See Tex. Ins.

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  • Luther Frank Tankersley v. Stephen S. Durish, Ancillary Receiver for Transit Casualty Company, Wal-Mart Stores, Inc., Alexander & Alexander, Inc. and Alexander & Alexander of Texas, Inc.

    Texas Court of Appeals, 3rd District (Austin) · Jun 2, 1993

    After the policies were issued, Transit filed a "Form 18a" with the Texas State Board of Insurance and the Industrial Accident Board, indicating that Transit agreed to provide workers' compensation coverage to Wal-Mart's … Parklane Hosiery Co. v. Shore , 439 U.S. 322 , 326 n.5 (1979); Bonniwell v. Beech Aircraft Corp. , 663 S.W.2d 816, 818 (Tex. 1984).

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  • Newsom v. Petrilli

    919 S.W.2d 481 · Texas Court of Appeals, 3rd District (Austin) · May 1, 1996

    Nolan v. Bettis, 562 S.W.2d 520, 522 (Tex.Civ.App.—Austin 1978, no writ) (citations omitted). Appellant relies on Dikeman v. … See Busby v. Busby, 457 S.W.2d 551, 554 (Tex.1970); Rucker v. Rucker, 810 S.W.2d 793, 795 (Tex.App.—Houston [14th Dist.] 1991, writ denied); Simmons v. Simmons, 568 S.W.2d 169, 170 (Tex.Civ.App.

    Cited 11 timesPublished
  • Steve Hinojosa v. State

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

    Brown v. State, 911 S.W.2d 744, 748 (Tex. Crim. App. 1995). Also, possession of contraband need not be exclusive; joint possession of contraband with another is sufficient. Rodriguez v. … Jones v. State, 833 S.W.2d 118, 126 (Tex. Crim. App. 1992); Moody v. State, 827 S.W.2d 875, 889 (Tex. Crim. App. 1992); Harris v. State, 656 S.W.2d 481, 484 (Tex. Crim. App. 1983); Hardin v.

    Cited 0 timesPublished
  • Schneider v. Schneider

    5 S.W.3d 925 · Texas Court of Appeals, 3rd District (Austin) · Dec 23, 1999

    See, e.g., Hudspeth v. Stoker, 644 S.W.2d 92 (Tex.App.—San Antonio 1982, writ ref'd); Towne v. Towne, 707 S.W.2d 745 (Tex.App.—Fort Worth 1986, no writ); Jeffcoat v. Jeffcoat, 886 S.W.2d 567 (Tex.App. … Co. v. Brown, 704 S.W.2d 742, 744-45 (Tex.1986).

    Cited 51 timesPublished
  • State v. John Thomas Daly

    Texas Court of Appeals, 3rd District (Austin) · Dec 21, 2000

    He did not carry his pistol in the usual Sam Browne belt, but instead had it strapped to his thigh. … Schneckloth v. Bustamonte, 412 U. S. 218, 227 (1973). The State must show by clear and convincing evidence that consent was voluntarily given. State v.

    Cited 0 timesPublished
  • KBCB Investments, LLC v. Terry Black

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

    P. 28.3; Industrial Specialists, LLC v. Blanchard Ref. Co., 652 S.W.3d 11, 15–16 (Tex. 2022) (stating that appellate courts have discretion to grant or deny permissive appeal (citing Sabre Travel Int’l, Ltd. v. … id. at *3. 2 KBCB’s evidence in support of its motion included a copy of the challenged lease, an affidavit, discovery responses by Terry Black, and documentary evidence such as minutes from meetings of the board

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  • Alicia Nichole Perez v. State

    Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2015

    App. 1986) 14 Barron v. State, 353 S.W.3d 879 (Tex. Grim. App. 2011) 14 Bloys v. State, 2005 Tex. App. LEXIS 7188 (Tex. App. Austin Aug. 31, 2005) 7 Brown v. … Ross at *14, quoting Brown v. State, 122 S.W.3d 794, 799 (Tex. Crim. App. 2003). Thus, the trial court erred by including the “joint possession” definition in the jury charge.

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  • Jerry Perez v. State

    Texas Court of Appeals, 3rd District (Austin) · May 15, 1997

    Jackson v. Virginia , 443 U.S. at 319 ; Green v. State , 840 S.W.2d 394, 401 (Tex. Crim. App. 1992). … Brown v. State , 913 S.W.2d 577 (Tex. Crim. App. 1996); Zuniga v. State , 794 S.W.2d 799 (Tex. App.--Houston [14th Dist.] 1990, pet. ref'd).

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  • Miguel Solla-Llorens v. Adriana Solla

    Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2021

    Transp., Inc. v. Carroll, 514 S.W.2d 240, 243, 245 (Tex. 1974); Ramsey v. State, 249 S.W.3d 568, 573-74 (Tex. App.—Waco 2008, no pet.); Thompson v. Ballard, 149 S.W.3d 161, 164 (Tex. App.— Tyler 2004, no pet.). … Browning v. Prostok, 165 S.W.3d 336, 348 (Tex. 2005); see Lawrence, 911 S.W.2d at 447 (same). In Biggs v.

    Cited 0 timesPublished
  • City of Austin v. Katherine Michelle Miller

    Texas Court of Appeals, 3rd District (Austin) · May 1, 2025

    See id. at 228; County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002). … See Union Pump Co. v.

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  • In Re Cherry

    258 S.W.3d 328 · Texas Court of Appeals, 3rd District (Austin) · Jul 10, 2008

    See Escobar v. Escobar, 711 S.W.2d 230, 232 (Tex.1986); Carlyle Real Estate Ltd. P’ship-X v. Leibman, 782 S.W.2d 230, 233 (Tex.App.-Houston [1st Dist.] 1989, no writ); Nolan v. Bettis, 562 S.W.2d 520, 523 (Tex.Civ.App. … Board of Disciplinary Appeals v. McFall, 888 S.W.2d 471, 472 (Tex.1994) (orig.proceeding). The writ is designed to operate like an injunction to control, limit, or prevent action in a court of inferior jurisdiction.

    Cited 29 timesPublished

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