Case law

Harvey L. Schwartz and Kenneth C. Schwartz v. Tom W. Gregg, Jr.

Texas Court of Appeals, 3rd District (Austin) · Jul 28, 2010

"Both direct and circumstantial evidence may be used to establish any material fact." Ford Motor Co. , 135 S.W.3d at 601 . … At most, Gregg's testimony establishes that he does not remember if he told Harvey anything about the deeds' effectiveness.

Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston, Carowest Land Ltd.; Graham Weston as Trustee of Countyline Land Trust; And Kuehler Road, LLC F/K/A Kuehler Road, Ltd.

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 2026

a prima facie case in support of their claims, and (3) Davis established the attorney- immunity defense. 1. … We therefore need not consider Davis’s remaining issues concerning establishment of a prima facie case or the attorney-immunity defense. See Tex. R. App.

Baptist Memorials Geriatric Center v. Tom Green County Appraisal District and Tom Green County Appraisal Review Board

Texas Court of Appeals, 3rd District (Austin) · Apr 7, 1993

The Tax Code contains the requirements established by the Legislature in order for property to qualify for a charitable exemption from taxation: (a) An organization that qualifies as a charitable organization as provided … If there is no evidence to support the answer, then we examine the entire record to see if the contrary proposition is established as a matter of law. Sterner v.

State of Texas// Mid-South Pavers, Inc. v. Mid-South Pavers, Inc.// Cross-Appellee, State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2007

The Board's final order showed that the Board clearly found both witnesses to be credible. Id. … immunity for those claims.

Jerry Scarbrough, Denise Steele, and Melissa Victoria Deaton v. Helen Purser Sue E. Purser A/K/A Sue E. Van Zanten Gary W. Purser, Jr. JoAnn M. Purser And Elizabeth H. Tipton

Texas Court of Appeals, 3rd District (Austin) · Dec 30, 2016

Scarbrough separately contends that the court erred by denying his requested question and instruction on his claim that, as an attorney, he should have qualified immunity, and that there was no clear-and-convincing evidence … Scarbrough was not entitled to his requested qualified-immunity instruction Scarbrough contends that the district court erred by denying his requested question and instruction on qualified immunity for actions

Jermaine Q. Lofton, Sr. v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 20, 2003

Our briefing rules clearly have not been followed. See Tex. R. App. P. 38.1(h). … On appeal, appellant complained that Asince the prosecution failed to establish an adequate predicate to justify the scope of Mr.

CMST Development, LLC v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Feb 16, 2022

Gov’t Code § 245.006 (waiving political subdivision’s governmental immunity from suit in regard to action under chapter 245). … For CMST to prevail on its suit for declaratory relief, it must have established that it was entitled to the vested rights it sought.

Charles Paul Kaplan v. State

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

Appellant urges that Phillips was not shown to be qualified to give this opinion. See Tex. R. Evid. 702 (expert must be qualified by knowledge, skill, experience, training, or education). … He also clearly explained the tests and the indications of intoxication. On this record, we find no abuse of discretion in admitting the officer's expert opinion that appellant was intoxicated.

State of Texas// Mid-South Pavers, Inc. v. Mid-South Pavers, Inc.// Cross-Appellee, State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2007

The Board’s final order showed that the Board clearly found both witnesses to be credible. Id. … includes both immunity from suit and immunity from liability.

Jermaine Q. Lofton, Sr. v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 20, 2003

Back on the record, the trial court announced that the potential witness had three pending felony cases and had not been granted immunity "in this case." … Our briefing rules clearly have not been followed. See Tex. R. App. P. 38.1(h).

Dewhurst v. Hendee

253 S.W.3d 320 · Texas Court of Appeals, 3rd District (Austin) · Apr 23, 2008

Where the challenged expenditures have already been made, taxpayers even more clearly lack standing to seek injunctive and declaratory relief to prevent those expenditures. … -Austin 2007, pet. filed) (finding that “clearly erroneous” exception to law-of-the-case doctrine applied).

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) · Aug 14, 2015

principles of governmental immunity. … The entire case centered on sovereign immunity and the "ultra vires" exception to the immunity doctrine.

Sanadco Inc., a Texas Corporation Mahmoud A. Isba, A/K/A Mahmoud Ahmed Abuisba, A/K/A Mike Isba Walid Abderrahman Majic Investments, Inc. Faisal Kahn Isra Enterprises, Inc. Hattab Al-Shudifat Haifa Enterprises, Inc. v. the Office of the Comptroller of Public Accounts of the State of Texas Glenn Hegar, Individually and in His Official Capacity as Comptroller of Public Accounts of the State of Texas And Ken Paxton in His Official Capacity as Attorney General

Texas Court of Appeals, 3rd District (Austin) · May 11, 2015

Consequently, the State’s immunity is not impacted by these proceedings. … CONCLUSION The court’s opinion that jurisdiction over Appellants’ claims is predicated upon compliance with Chapter 112 is clearly erroneous and must be reconsidered. R.

Williams v. Texas State Board of Orthotics & Prosthetics

150 S.W.3d 563 · Texas Court of Appeals, 3rd District (Austin) · Apr 8, 2004

A uniquely qualified person means a resident of the State of Texas who, through education, training and experience, is as qualified to perform ... orthotic care as those persons who obtain licensure pursuant to the Act, § … The statute clearly envisions a second, alternate way for a person to obtain a license without meeting the new licensing requirements, apart from the grandfather provision.

David Winsman v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Oct 11, 1995

To the extent that it is not, the truck is clearly a motor-driven vehicle under section 101.021. ' 3 000555 Tex. Civ. Prac. & Rem. Code Ann. § 101.001(3) (West 1986). As noted by the court in 4 DG'S Corp. v. … Governmental immunity does not shield municipalities from liability arising from the creation or maintenance of a nuisance. Gotcher v.

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

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

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). … Although the Whistleblower Act waives immunity from suit to the extent a governmental entity is liable under its provisions, see Tex.

Tennessee Gas Pipeline Company v. Carole Keeton Rylander, Comptroller of Public Accounts for the State of Texas And John Cornyn, Attorney General for the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jun 13, 2002

Statutory exemptions from taxation are strictly construed and the claimant bears the burden of clearly showing that it falls within the exemption. North Alamo Water Supply Corp. v. … Thus, Tennessee Gas argues, it qualifies for the exemption it seeks.

City of Dallas, Texas v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 9, 2014

established. … a rule establishing “registration requirements for aggregators.”

the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission

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

The County’s petition does not articulate a “right or privilege” necessary to establish standing or a waiver of immunity. ....................... … —Austin 2009, pet. denied) (narrowly construing provision’s immunity waiver to bar suit to determine title as predicate to bringing suit based on privilege, and dismissing for failure to establish privilege).

Circle C Child Development Center, Inc. v. Travis Central Appraisal District

Texas Court of Appeals, 3rd District (Austin) · Nov 30, 1998

The sole issue before this Court is whether a "child development center" qualifies as a school for purposes of obtaining tax-exempt status pursuant to section 11.21 of the Texas Tax Code. … If there is no evidence supporting the finding, then we will examine the entire record to determine if the contrary proposition has been established as a matter of law. See id .