Case law

In Re General Motors Corp.

296 S.W.3d 813 · Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2009

Browning v. Prostok, 165 S.W.3d 336, 345 (Tex.2005). In a collateral attack, the judgment that is assailed is presumed valid. Stewart, 870 S.W.2d at 20 . … Browning v. Prostok, 165 S.W.3d 336, 346 (Tex.2005). Only a void judgment may be collaterally attacked. Id.

Texas State Board of Medical Examiners v. Stanislaw R. Burzynski, M.D., Ph.D.

Texas Court of Appeals, 3rd District (Austin) · Feb 7, 1996

BME v. BURZYNSKI2 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-95-00222-CV Texas State Board of Medical Examiners, Appellant v. Stanislaw R. … Board of Trustees of the State Univ. of New York v. Fox , 492 U.S. 469, 473 (1989)(quoting Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc. , 425 U.S. 748, 762 (1976)).

Kirsten Hanna, Upside Up Properties, LLC, and Upside Up Ventures, Inc. v. M. Matthew Williams David Howell Law Firm of M. Matthew Williams Leighton, Williams, Adkinson, & Brown, PLLC And Leighton, Michaux, Adkinson, & Brown, PLLC

Texas Court of Appeals, 3rd District (Austin) · Dec 7, 2022

Matthew Williams; Leighton, Williams, Adkinson, & Brown, PLLC; and Leighton, Michaux, Adkinson, & Brown, PLLC, Appellees FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY … Matthew Williams (collectively the Williams Parties) and Leighton, Williams, Adkinson, & Brown, PLLC and Leighton, Michaux, Adkinson, & Brown, PLLC (collectively the Leighton Parties).

Samuel Hill v. the Board of Trustees of the Retirement System of Texas and Group Health and Life Insurance Company

Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2001

Dist. v. Brown , 912 S.W.2d 848 , 854 (Tex. App.--Austin 1995, writ denied). The trial court is generally without jurisdiction if the plaintiff fails to exhaust his administrative remedies. Essenburg v. … Dist. v. Brown , 912 S.W.2d 848 , 854 (Tex. App.--Austin 1995, writ denied). The trial court is generally without jurisdiction if the plaintiff fails to exhaust his administrative remedies. Essenburg v.

Luis E. Guerrero-Ramirez, M.D. v. Texas State Board of Medical Examiners

Texas Court of Appeals, 3rd District (Austin) · Dec 22, 1993

Hernandez v. Heldenfels , 374 S.W.2d 196, 202 (Tex. 1983). Absent a clear abuse of discretion, we will not disturb a trial court's decision to deny a motion for continuance. State v. … Rector v. Texas Alcoholic Beverage Comm'n , 599 S.W.2d 800 (Tex. 1980).

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2015

Appellants, v. … Brown State Bar No. 03108700 David P.

McManus-Wyatt Produce Co. v. Texas Department of Agriculture Produce Recovery Fund Board

140 S.W.3d 826 · Texas Court of Appeals, 3rd District (Austin) · Jul 1, 2004

In reviewing the Board’s application of the Fund, “we must reverse [the Board’s] decision if it violates a constitutional or statutory provision.” Railroad Comm’n v. … See, e.g., Malone v. Scott, 40 Tex. 460 (1873); Mims v. Mitchell, 1 Tex. 443 (1874). But cf. Texas Ass’n of Bus. v.

Ford Motor Co. v. Butnaru

157 S.W.3d 142 · Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2005

The Board’s final order dismissing the Butnarus’ claims is binding until a court sets it aside. Vestal v. Texas Employers’ Ins. … Texas Dep’t of Transp. v. T. Brown Constructors, Inc., 947 S.W.2d 655, 659 (Tex.App.

Firemen's Insurance Co. of Newark v. Board of Regents of the University of Texas System

909 S.W.2d 540 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

Appellants CIT Construction Inc. of Texas and Firemen’s Insurance Company of Newark, New Jersey (“Plaintiffs”) sued appellee Board of Regents of the University of Texas System (“UT”) for breach of contract, quantum meruit … Similarly, in Mac'Avoy v.

Texas State Board of Barber Examiners and Jo King McCrorey v. Patricia Felix

Texas Court of Appeals, 3rd District (Austin) · May 26, 1993

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS, AT AUSTIN ON MOTION FOR REHEARING NO. 3-92-085-CV TEXAS STATE BOARD OF BARBER EXAMINERS AND JO KING McCROREY, APPELLANTS vs. … rehearing, McCrorey argues in point of error four that we erred in overruling her original point of error seven and, thus, in affirming the district court's judgment holding McCrorey jointly and severally liable with the Board

Collen A. Clark v. Board of Law Examiners of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 13, 1997

Clark, Appellant v. … Board of Law Examiners of the State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT NO. 95-03629, HONORABLE MARY PEARL WILLIAMS, JUDGE PRESIDING PER CURIAM The parties have filed a joint

Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Department of Transportation

156 S.W.3d 91 · Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2004

Co. v. Shelton, 889 S.W.2d 278, 280 (Tex.1994). … Dreyer v. Greene, 871 S.W.2d 697, 698 (Tex.1993). When an agency or board has not had the opportunity to consider claims or arguments, they are waived on appeal. See Amaral-Whittenberg v.

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

923 S.W.2d 147 · Texas Court of Appeals, 3rd District (Austin) · Jun 26, 1996

Browning v. Navarro, 887 F.2d 553, 558-58 (5th Cir.1989) (citing Restatement (Second) of Judgments § 26(1)(C) (1982)). In other words, a claim is not barred by res judicata if it could not have been brought. Holloway v. … . § 4B(a) (emphasis added). 2 In Beyer v.

Dennis Alexander v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 13, 2008

and Paroles (the “Board”) and the Texas Department of Criminal Justice (the “Department”).1 Chavez originally filed a petition for writ of mandamus in Travis County, requesting that the trial court order the Board and … See Brown v. Law Office of Moore & Moore, No. 02-04-00262-CV, 2005 Tex. App. LEXIS 4387, at *3 (Tex. App.—Fort Worth 2005, no pet.)

Buddy Gregg Motor Homes, Inc. v. Motor Vehicle Board of the Texas Department of Transportation

179 S.W.3d 589 · Texas Court of Appeals, 3rd District (Austin) · Nov 17, 2005

See Brown v. De La Cruz, 156 S.W.3d 560, 564 (Tex.2004). … Brown, 156 S.W.3d at 566 (constitution forbids issuing advisory opinions).

Texas Adjutant General's Department v. Amos

54 S.W.3d 74 · Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2001

United States v. Brown, 348 U.S. 110, 112 , 75 S.Ct. 141 , 99 L.Ed. 139 (1954). The Supreme Court later expanded the Feres doctrine to claims for injuries sustained as a result of constitutional violations. … In Bivens v.

Anna Delia Trevino v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 1998

United States v. Brown , 59 F.3d 102, 103-05 (9th Cir. 1995); United States v. Hernandez-Fundora , 58 F.3d 802, 806-07 (2nd Cir.), cert. denied , U.S. , 115 S.Ct. 2288 , 132 L.Ed.2d 290 (1995); Garrity v. … Brown , 59 F.3d 102, 104-05 (9th Cir. 1995), the court discussed Halper and Austin and said: Revocation of parole or probation is regarded as reinstatement of the sentence for the underlying crime, not as punishment for the

Elizabeth A. Yeary v. Board of Nurse Examiners for the State of Texas

855 S.W.2d 236 · Texas Court of Appeals, 3rd District (Austin) · Jun 2, 1993

See Board of Law Examiners v. Stevens, 850 S.W.2d 558 (Tex.App. … As to the factual grounds stated by the Board as the basis for its conclusion of law, however, we must judge the validity of the Board’s order “by what it says.” See Morgan Drive Away, Inc. v.

Unified Housing of Parkside Crossing, LLC v. Appraisal Review Board of Williamson County, Texas

Texas Court of Appeals, 3rd District (Austin) · May 26, 2010

Id. at 226-27; County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002). … Webb County Appraisal Dist. v.

Unified Housing of Parkside Crossing, LLC v. Appraisal Review Board of Williamson County, Texas

Texas Court of Appeals, 3rd District (Austin) · May 26, 2010

Id. at 226-27 ; County of Cameron v. Brown , 80 S.W.3d 549, 555 (Tex. 2002). … Indeed, the Board's dismissal of Unified's protest here is tantamount to a denial, as it had exactly the same effect on Unified's tax bill. Cf. Webb County Appraisal Dist. v.