Case law

Fung v. Fischer

365 S.W.3d 507 · Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2012

See Scoresby v. Santillan, 346 S.W.3d 546, 556 (Tex.2011) (citing Ogletree v. … Walgreen Co. v.

Abbott v. Blue Cross & Blue Shield of Texas, Inc.

113 S.W.3d 753 · Texas Court of Appeals, 3rd District (Austin) · Jul 30, 2003

Corporations organized pursuant to House Bill 191 were to be subject to the supervision of the State Insurance Commission and Board of Insurance Commissioners. … Ass’n v.

in the Matter of J. H.

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2004

V, XIV; Tex. Const. art. I, § 14; North Carolina v. Pearce, 395 U.S. 711, 717 (1969), overruled on other grounds by Alabama v. … Parrish v. State, 869 S.W.2d 352, 354 (Tex. Crim. App. 1994) (citing Brown v. Ohio, 432 U.S. 161, 169 (1977)). Texas law describes “includedness” in much the same way that Blockburger describes “sameness.” Id.

In Re Texas Mutual Insurance Co.

157 S.W.3d 75 · Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2004

The Act “vests the power to award compensation benefits solely in the Workers’ Compensation Commission (formerly the Industrial Accident Board), subject to judicial review.” American Motorists Ins. Co. v. … Co. v.

Tim Price, Guardian of Lois Pollard Price, an Incapacitated Person And Houston Trust Company, Trustee of the Lois Pollard Price Irrevocable Management Trust/Alvin J. Golden and Ikard & Golden, P.C. v. Alvin Golden and Ikard & Golden, P.C./Tim Price, Guardian of Lois Pollard Price, an Incapacitated Person And Houston Trust Company, Trustee of the Lois Pollard Price Irrevocable Management Trust

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2000

Sapieha , 61 S.W. 115, 116 (Tex. 1901); Knox v. Drews , 202 S.W.2d 335, 337 (Tex. Civ. App.--Austin 1947, writ dism'd); Breaux v. Allied Bank , 699 S.W.2d 599, 603 (Tex. App. … See Enochs v. Browns , 872 S.W.2d 312, 317 (Tex. App.--Austin 1994, no writ) (child's guardian ad litem had authority to challenge contingency contract, father did not); Nelkin v. Panzer , 833 S.W.2d 267, 270 (Tex. App.

First-Citizens Bank & Trust Company v. Greater Austin Area Telecommunications Network

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Safety Officers Ass’n v. … See In re Browning, 113 S.W.3d 851, 862 n.10 (Tex. App.—Austin 2003, pet. denied). 16  J.

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

State Banking Board, 118 Tex. 91(1928) ..................................................28 Liberty Mut. Ins. Co. v. Adcock. 412 S.W. 3d 492 (Tex. 2013) ..............................16 Lowell v. … Lacey v. State Banking Board, 118 Tex. 91(1928) (A.B.18), is not helpful, as it states only the general rule that the legislature has a definite purpose in every enactment.

Gary L. Graf v. State

925 S.W.2d 740 · Texas Court of Appeals, 3rd District (Austin) · Jun 19, 1996

Angel v. State, 740 S.W.2d 727, 732 (Tex.Crim.App.1987) (citing Preston v. … See Preston v.

Randy Ates v. State

Texas Court of Appeals, 3rd District (Austin) · Dec 10, 2010

See Brown v. State , 270 S.W.3d 564, 568 (Tex. Crim. App. 2008). Ates attacks A.A.' … Schutz v. State , 63 S.W.3d 442, 443 (Tex. Crim. App. 2001).

Joseph Queen v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 27, 1997

Queen v. State TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-95-00738-CR Joseph Queen, Appellant v. … Oklahoma , 433 U.S. 682 (1977) (robbery with firearm and felony murder in course of committing robbery were same offense); Brown v. Ohio , 432 U.S. 161, 168 (1977) (joyriding and auto theft were same offense).

Pamalee Chambers v. Mark Z. Levbarg

Texas Court of Appeals, 3rd District (Austin) · Feb 25, 2000

See Mansfield State Bank v. Cohn , 573 S.W.2d 181, 184 (Tex. 1978); Lin v. Houston Community College Sys. , 948 S.W.2d 328, 336 (Tex. App. … issue D, Chambers complains that a second district judge, during the hearing on motion for new trial, abused her discretion by not admitting into evidence a letter, dated December 15, 1997, from the National Labor Relations Board

W. W. Masonry, Inc. v. W. Bailey Elliott, Inc., Hartford Casualty Insurance Company, Security National Insurance Company, Lake Travis Independent School District & Trinity Company

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

Inc. v. U.S. Steel Corp. , 772 S.W.2d 443, 445 (Tex. 1989); Garza v. Alviar , 395 S.W.2d 821, 821 (Tex. 1965). … Vanguard Equities, Inc. v. Sellers , 587 S.W.2d 521, 524 (Tex. Civ. App. 1979, no writ); see also Frias v. Board of Trustees of Ector County , 584 S.W.2d 944, 949 (Tex.

Employees' Retirement System v. McKillip

956 S.W.2d 795 · Texas Court of Appeals, 3rd District (Austin) · Nov 20, 1997

See, e.g., Gerst v. Nixon, 411 S.W.2d 350, 354 (Tex.1966); Davis v. City of Lubbock, 160 Tex. 38 , 326 S.W.2d 699, 714 (1959). … Federal Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 , 73 S.Ct. 85, 86-87 , 97 L.Ed. 15 (1952); see also, Federal Communications Comm’n v.

State of Texas v. Cottonwood Holdings, Ltd., a Texas Limited Partnership

Texas Court of Appeals, 3rd District (Austin) · Apr 21, 2005

See Goswami v. … State v. Childress , 331 S.W.2d 230, 235 (Tex. Civ. App.--Eastland 1960, writ denied); Board of Regents of Univ. of Tex. Sys. v. Puett , 519 S.W.2d 667, 672 (Tex. Civ. App.--Austin 1975, writ denied).

EMC Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

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

The board shall act by majority vote. 7. … The board shall file with the commission and with each tax agency represented in the proceeding: the determination of the board; the board's written statement of its reasons therefor; the record of the board's proceedings

Marvin Leon Clair, A/K/A Kool, A/K/A Koolaid v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 1996

Richardson v. Marsh , 481 U.S. 200, 211 (1987); McMahon v. State , 582 S.W.2d 786, 793 (Tex. Crim. App. 1978); Proctor v. State , 871 S.W.2d 225, 230 (Tex. … [blank] The gun [blank] used to shoot the guy was a little .25 caliber chrome automatic with a brown handle. . . . [blank] I was just trying to help him finish robbing the dopefiend, not to shoot him.

James Neill Wilkerson v. Robert F. Flinn and Wife Charlotte Flinn

Texas Court of Appeals, 3rd District (Austin) · Oct 21, 1992

See French v. Brown , 424 S.W.2d 893, 894 (Tex. 1967). In French , the plaintiff filed a motion for summary judgment and mailed a copy of the pleading to the defendant. … In his motion for rehearing, Wilkerson relies on Wilson v. Dunn , 800 S.W.2d 833 (Tex. 1990), and Lee v.

Bill Abbott, J. M. Bonnet, Karen Johnson, Larry Krueger, Sylvia Morin, Kay Pearson, Pat Wall, Conrad Whitacre and Dennis Wilie v. Sheriff Joe Pollock, Individually and in His Capacity as Sheriff of Burnet County, Texas And Burnet County, Texas, by and Through Its Elected Officials of the Commissioner's Court

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

Walker v. Harris , 924 S.W.2d 375, 377 (Tex. 1996); Gibbs v. General Motors Corp ., 450 S.W.2d 827, 828 (Tex.1970). … Browning-Ferris, Inc. v. Reyna , 865 S.W.2d 925, 926 (Tex. 1993). Appellees moved for summary judgment on the basis that no one acting on behalf of appellees interfered with appellants' ability to obtain employment.

Shelly Frank, as Beneficiary of Eric Frank v. Liberty Insurance Corporation

Texas Court of Appeals, 3rd District (Austin) · Apr 11, 2008

Co. v. Wilkins , 47 S.W.3d 486, 493 (Tex. 2001). … We also find instructive the supreme court's analysis in Commercial Life Insurance Company v. State Board of Insurance , 774 S.W.2d 650, 651-52 (Tex. 1989).

Edward Keller v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 1994

App. 1992); Burton v. State , 634 S.W.2d 692, 694 (Tex. Crim. App. 1984). A defendant's right to self-representation does not attach unless it is clearly and unequivocally asserted. Faretta , 422 U.S. at 835 ; Brown v. … Littles v. State , 726 S.W.2d 26, 28 (Tex. Crim. App. 1984); Beck v. State , 719 S.W.2d 205, 209 (Tex. Crim. App. 1986).