Case law

Janos Farkas v. Wells Fargo Bank, N.A. And Brice, Vander Linden & Wernick, P.C., N/K/A Buckley Madole, P.C.

Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2016

Further, an affiant’s position or job responsibilities can qualify him to have personal knowledge of facts and establish how he learned of the facts, and it is sufficient for him to state that he is personally acquainted … Because Brice established as a matter of law that it was entitled to the affirmative defense of attorney immunity, we overrule Farkas’s third and fourth issues with respect to his claims against Brice.

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

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

an exception to the exhaustion/immunity rules. … SOAH is also directed to review the qualifying conditions set forth in Findings of Fact Nos. 154-158, Intervenors Motion to Find the Prospective transferees Qualified, and Volkswagen Group of

Steve Veigel v. Texas Boll Weevil Eradication Foundation, Inc.

Texas Court of Appeals, 3rd District (Austin) · Nov 21, 2016

APPELLEE clearly is not and does not function as a political subdivision in any respect and does not qualify to be exempt from any statue of limitations otherwise applicable in this Case. 10. … The Code, § 74.118, provides the department with the authority to require participation in an established eradication program.

City of Austin v. Caroline Nelson

Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2023

of governmental immunity. … The allegations and evidence establish that it was nighttime and the area was poorly lit.

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · May 29, 2015

We will first analyze these allegations faith can be established as a matter of law when the factual as viewed through the window of sovereign/official immunity recitation by the governmental unit's employee is … He must establish county.

Janos Farkas v. Wells Fargo Bank, N.A. And Brice Vander Linden & Wernic, P.C. N/K/A Buckley Madole, P.C.

Texas Court of Appeals, 3rd District (Austin) · Mar 19, 2015

Brice not entitled to “attorney immunity” as an affirmative defense ...... 28 E. … Although there is a qualified immunity for attorneys in litigation, the conduct complained of relates to Brice’s actions outside of litigation.

Cathren Kennedy v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2005

The "clearly better qualified" standard, rather, is a very high burden that required Kennedy to show that "no reasonable person . . . could have chosen the candidate selected over [her]." See Celestine v. … We have thoroughly reviewed the record and cannot determine that Kennedy was clearly better qualified for the position than Hernandez appeared to be when the Department made the hiring decision.

City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar

Texas Court of Appeals, 3rd District (Austin) · Feb 4, 2015

There, the Court of Appeals clearly stated both the City of Lubbock and its Civil Service Commission were parties to the case, and indicated it was collectively referencing them. … Appellee is wrong in arguing that §144.033 “clearly provides . . .”

Cathren Kennedy v. Texas Department of Protective and Regulatory Services

Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2005

The “clearly better qualified” standard, rather, is a very high burden that required Kennedy to show that “no reasonable person . . . could have chosen the candidate selected over [her].” See Celestine v. … We have thoroughly reviewed the record and cannot determine that Kennedy was clearly better qualified for the position than Hernandez appeared to be when the Department made the hiring decision.

Fidencio Lopez v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 1991

of § 1983, which statute does not override the traditional sovereign immunity of the States. … This premise may be established only in a direct proceeding under PURA § 26(c), and reviewed for errors of law under PURA § 69.

Douglas W. Kirk v. Plano Independent School District Nancy Humphrey, Individually and in Her Official Capacity as President of the Board of Trustees of the Plano Independent School District Anika Vaughan, Individually and in Her Official Capacity as Teacher for Plano

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2015

established); see also Tex. … official immunity protection because it was outside established duties and functions.

Texas Health and Human Services Commission v. Anna Lisa Guajardo

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

Texas law is well established that absent an express waiver of its sovereign immunity, the State and its agencies are generally immune from suit. See State v. … [Plaintiff]’s supplement to her third amended petition clearly was an attempt to re-plead to cure the jurisdictional defects raised by the plea to the jurisdiction.

Save Our Springs Alliance, Inc. v. City of Kyle Jack Goodman Craig Smith Mary Stone Gary Franklin And Bob Larson, Each in Their Official Capacity as Directors of the Barton Springs-Edwards Aquifer Conservation District and the Barton Springs-Edwards Aquifer Conservation District

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2012

supply” in order to qualify for a conditional permit. … The District filed a general denial and asserted the affirmative defense of immunity from the City’s request for declaratory relief.

in Re Charles Edward Lincoln, III

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2003

We find that Lincoln and his attorney, Francis Williams Montelongo, filed a petition in this Court that is clearly groundless within the meaning of Rule 52.11(a). … We believe the record establishes that Lincoln and his counsel have engaged in a pattern of filing baseless motions and petitions. This conduct cannot be ignored.

Texas Health and Human Services Commission Department of State Health Services HHSC Executive Commissioner Charles Smith DSHS Commissioner John Hellerstedt, M.D. And DSHS Hearing Officer Elaine Snow v. Jane Doe

Texas Court of Appeals, 3rd District (Austin) · Nov 15, 2016

As shown herein, Doe’s claims are jurisdictionally barred because Doe does not establish a valid ultra vires claim and the UDJA does not provide a waiver of immunity to permit Doe’s claims. … The UDJA does not provide a waiver of immunity. “[T]he UDJA does not establish subject matter jurisdiction.

Save Our Springs Alliance, Inc. v. City of Kyle Jack Goodman Craig Smith Mary Stone Gary Franklin And Bob Larson, Each in Their Official Capacity as Directors of the Barton Springs-Edwards Aquifer Conservation District and the Barton Springs-Edwards Aquifer Conservation District

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2012

" in order to qualify for a conditional permit. … The District filed a general denial and asserted the affirmative defense of immunity from the City's request for declaratory relief.

Retama Development Corp. v. Texas Workforce Commission

971 S.W.2d 136 · Texas Court of Appeals, 3rd District (Austin) · Jun 4, 1998

Park’s assertion that every act done pursuant to statutory authority qualifies for charge-back protection under TUCA section 204.022(a)(2). … ’s situation is no different from that of any other employer that discharges employees during an economic downturn; having laid off an employee for its own economic benefit, the employer cannot claim that its account is immune

Texas Health and Human Services Commission and Chris Traylor, Substituted in His Official Capacity for Former Commissioner Kyle L. Janek v. F. Michael McMillen

Texas Court of Appeals, 3rd District (Austin) · Jun 8, 2016

Generally, governmental entities are immune from suit and liability under the doctrine of sovereign immunity. State v. Lueck, 290 S.W.3d 876, 880 (Tex. 2009). … And, in his affidavit, McMillen averred: Although [the June 2011] memo, itself, does not expressly cite § 1396p, it was clearly understood by all those with whom I spoke about this issue, then and going

Texas Department of Human Services v. George Green

Texas Court of Appeals, 3rd District (Austin) · May 19, 1993

State , 610 S.W.2d 740, 742 (Tex. 1980) ("It is a well-established rule that for the Legislature to waive the state's sovereign immunity, it must do so by clear and unambiguous language."). … DHS filed its motion for leave to supplement on July 15th, only seven days before the established trial date.

John Alan Conroy v. Steven C. McCraw, Director, Texas Department of Public Safety

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2023

was tolled and immunity does not apply to the relief he seeks in his suit. … Conroy next contends that the State has failed to show at least five qualifying litigations under the second element of the vexatious litigant statute.