Case law

Kaitlin Armstrong v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 23, 2026

“To establish falsity, the 13 record must contain some credible evidence that clearly undermines the evidence adduced at trial, thereby demonstrating that the challenged … Because Armstrong did not include any evidence which clearly undermines Dr.

Sanders v. State

1 S.W.3d 885 · Texas Court of Appeals, 3rd District (Austin) · Sep 10, 1999

However, a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve. … Whatever the merits of this holding, it clearly does not apply to the cause before us. The district court correctly held that Medford’s affidavit was inadmissible under rule 606(b).

Greg Abbott, in His Official Capacity as Governor of Texas State of Texas And Ken Paxton, in His Official Capacity as Attorney General of Texas v. La Joya Independent School District, Edinburg Consolidated Independent School District, Hidalgo Independent School District, Brownsville Independent School District, Crowley Independent School District, Edcouch-Elsa Independent School District, Lasara Independent School District, Pharr-San Juan-Alamo Independent School District, DeSoto Independent School District, Lancaster Independent School District, Ben Bolt-Palito Blanco Independent School District, Fort Worth Independent School District

Texas Court of Appeals, 3rd District (Austin) · Mar 17, 2022

Under that proposed construction, any statute that in any way would “prevent, hinder, or delay necessary action in coping with a disaster” would be subject to suspension, and the qualifying language “regulatory” and “prescribing … Sovereign Immunity In this case, the State Defendants argue that the trial court lacks subject-matter jurisdiction over this case for three reasons.

Dion Delon Alexander v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 6, 1997

Thereafter, the immunity issue was again raised and the trial court granted the prosecutor's offer of "total immunity," both transactional and use immunity. … The rule clearly contemplates that some leading is acceptable at the trial court's discretion. Myers v. State , 781 S.W.2d 730, 733 (Tex. App.--Fort Worth 1989, pet. ref'd).

Retama Development Corporation and Retama Park Management Company, L.C. v. Texas Workforce Commission and Jimmy W. Brown

Texas Court of Appeals, 3rd District (Austin) · Jun 4, 1998

We reject Retama Park's assertion that every act done pursuant to statutory authority qualifies for charge-back protection under TUCA section 204.022(a)(2). … Park'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

Dromico Andree Washington A/K/A Andrew Washington A/K/A Dromico Andrew Washington, Sr. v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2014

However, the Meru opinion qualified this general rule by noting that trespass may qualify as a lesser-included offense “if the indictment alleges facts that include the full-body entry into the habitation by the defendant … Proc. art. 37.09 (offense is lesser-included offense if it is established by proof of same or less than all facts required to establish commission of offense charged).

Tjfa, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 4, 2012

This Court has previously explained what qualifies as a statutory prerequisite to suit. See Scott v. Presidio Indep. Sch. Dist., 266 S.W.3d 531, 535, 537 (Tex. App. … —Dallas 1988, no writ) (stating that jurisdiction of court to hear case is established when petition is filed alleging subject matter over which court has jurisdiction).

in the Matter of E. F.

Texas Court of Appeals, 3rd District (Austin) · Feb 25, 1999

J.L. was granted testimonial immunity for his testimony. 5. … J.L. was granted testimonial immunity for his testimony. 5.

Whacep, Inc. D/B/A Potts Company v. Congress Financial Corp.

Texas Court of Appeals, 3rd District (Austin) · May 15, 2003

necessary to qualify as a business record under the rules of evidence. … Galovic was qualified to establish the business records predicate for Congress's business records. Whacep's second issue on appeal is overruled.

Texas Department of Public Safety Steve McGraw, in His Official Capacity as Director of the Texas Department of Public Safety Allan B. Polunsky, in His Official Capacity as Chairman of the Public Safety Commission v. Miguel Salazar Edgar Soria Francisco Avila Trejo Green Meadows Landscaping, Inc. Merida Flores Nader Dalo Godofredo A. Orellana And Ruwaidha Liwaza

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2013

Generally speaking, the doctrine of sovereign immunity bars suits against the State and its entities. Texas Adjutant General’s Office v. Ngakoue, No. 11-0686, 2013 Tex. LEXIS 681, at *5-6 (Tex. Aug. 30, 2013). … However, the supreme court has recognized that declaratory suits seeking to require State officials “to comply with statutory or constitutional provisions are not prohibited by sovereign immunity.” City of El Paso v.

MacIas v. Rylander

40 S.W.3d 679 · Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2001

The “export stream” is defined as the final, continuous journey out of the country, and tax immunity attaches as soon as the journey begins. Department of Revenue v. Association of Wash. … There are circumstances in which merchandise can qualify for an exemption as an export at the time of purchase.

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) · Jun 26, 2015

This grant of authority does not establish a right on the part of any party, it is within the discretion of the Court. Madison v. … Dewhurst, this Court clearly explained this principle, opining: It is also well-established that where a trial court’s jurisdiction depends upon whether a state official’s acts are within her constitutional or

Williamson Pointe Venture v. City of Austin

912 S.W.2d 340 · Texas Court of Appeals, 3rd District (Austin) · Jan 10, 1996

effect such a change, must have clearly so stated. … If zoning established a date of entitlement for compliance with regulations, the legislature would have created pockets of land which are immune from future regulatory protection.

LMV-AL Ventures, LLC// Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity v. Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity// Cross-Appellee, LMV-AL Ventures, LLC

Texas Court of Appeals, 3rd District (Austin) · Sep 28, 2016

Whether LMV established subject-matter jurisdiction under section 2001.038 of the APA. 2. Whether LMV established subject-matter jurisdiction under the UDJA. 3. … Whether LMV established subject-matter jurisdiction under the constitutional claims.

Juan Ramon Atilano, Annette Pricilla Diaz, Erika Nicole Romero as Next Friend of Marissa Danielle Atilano and Julian Andrew Atilano, and as Represenative of the Estate of Juan Daniel Atilano v. Tom Green County, Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2022

Appellants asserted that the County’s officers “were violating clearly established Constitutional rights to have his health and safety provided for as a person in custody and was thus unable to provide them for himself” … (when evidence establishes that trial court lacks subject-matter jurisdiction due to governmental immunity, dismissal with prejudice is proper).

City of Fort Worth v. Cornyn

86 S.W.3d 320 · Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2002

In its brief, as in the court below, the City relies on Fort Worth Police Chief Ralph Mendoza’s affidavit to establish that the requested documents are exempt from disclosure. … persuade the legislature to create an Open Records Act exception for such applicants, it is not evidence of a ‘clearly unwarranted invasion of personal privacy’ under ... the Open Records Act.”).

Gulf Metals Industries Inc., Gulf Reduction Corporation, and Gulf Reduction Corporation as a Successor to Southern Zinc Company v. Chicago Insurance Company, Interstate Fire & Casualty Company, Delta Lloyds Insurance Company, First State Insurance Company, Insurance Company of North America, Continental Casualty Company, Transcontinental Insurance Company

Texas Court of Appeals, 3rd District (Austin) · May 13, 1999

Gulf Metals asserts that prior to the inclusion of the qualified polluter's exclusion clause in liability insurance policies, these policies clearly covered the gradual release of contamination such as the release here. … We hold as a matter of law that "sudden and accidental" clearly and unambiguously imparts a sense of temporal urgency requiring the release of pollutants to be swift, rapid, or abrupt to trigger the exception to the qualified

in the Matter of D. M.

Texas Court of Appeals, 3rd District (Austin) · Mar 30, 2006

This provision in no way indicates that parents enjoy a presumption of “good faith efforts” and does not qualify the legal obligations created by section 41.001 in any manner. … Goldsboro, 232 U.S. 548, 558 (1913) (due process clause does not have effect of overriding power of State to establish regulations reasonably necessary to secure safety or general welfare of the community).

the City of Austin v. Jennifer Frame, Individually, and as Personal Representative of the Estate of John William Griffith Greg Griffith Cheryl Burris And Diana Pulido

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2015

The factual allegations in Appellees’ first amended petition clearly fall within policy-implementation waiver of governmental immunity............................... … The factual allegations in Appellees’ first amended petition clearly fall within policy-implementation waiver of governmental immunity.

in the Matter of D. M.

Texas Court of Appeals, 3rd District (Austin) · Mar 30, 2006

recover from is Round Rock Independent School District, which is immune from suit. … Further, the doctrine of parental immunity does not apply under the circumstances of this case.