Case law

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

Samuel T. Jackson v. Samuel T. Biscoe, in His Official Capacity as Travis County Judge Travis County And the Travis County Commissioner's Court

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2007

In his original answer, Biscoe asserted official, qualified, and absolute immunity. In an amended answer Biscoe asserted that the requested records were records of the judiciary and therefore not governed by the Act. … Two Thirty Nine Joint Venture , 145 S.W.3d 150, 156 (Tex. 2004), and employ well-established standards of review: (1) the movant must demonstrate that there is no genuine issue of material fact and that it is entitled to

Apple Imports, Inc. Dba Apple Toyota v. Debbie Koole and Pete Resendez

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

DISCUSSION In its first point of error, Apple contends appellees lacked standing to bring suit under the DTPA because they do not qualify as "consumers" under the act. … --Austin 1976, writ ref'd n.r.e.). r reviewing the entire record, we conclude that the evidence supporting the jury's finding is not so weak as to make the finding clearly wrong and unjust.

Montemayor v. State

55 S.W.3d 78 · Texas Court of Appeals, 3rd District (Austin) · Oct 10, 2001

The record clearly shows that appellant’s testimony was to rebut Eddie’s version of the shootings and to advance his self-defense claim. … This is a capital felony case in which the State vigorously sought the death penalty and qualified the jury to return such a verdict.

Samuel T. Jackson v. Samuel T. Biscoe, in His Official Capacity as Travis County Judge Travis County And the Travis County Commissioner's Court

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2007

In his original answer, Biscoe asserted official, qualified, and absolute immunity. In an amended answer Biscoe asserted that the requested records were records of the judiciary and therefore not governed by the Act. … Two Thirty Nine Joint Venture, 145 S.W.3d 150, 156 (Tex. 2004), and employ well-established standards of review: (1) the movant must demonstrate that there is no genuine issue of material fact and that it is entitled to

Fung v. Fischer

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

Here, the facts required to establish the defendant’s vicarious liability, i.e., the acts of Urukalo and Urukalo’s relationship to ADC, differ from the facts required to establish the original ADC defendant’s direct liability … personnel, and that it is scheduled to be performed at an appropriate and qualified facility.

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.

Greene v. State

324 S.W.3d 276 · Texas Court of Appeals, 3rd District (Austin) · Oct 15, 2010

First, we note that like the letter in Abarca , Judge Cooper’s letter qualifies as a memorandum and was filed with the clerk. … “Judicial review by trial de novo is clearly adequate to assure against the risk of mistaken deprivation.” Id.; see also Big D Bamboo, Inc. v. State, 567 S.W.2d 915 (Tex.App.

Vicki Osbourn v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 18, 2001

As the rule itself requires, the proponent of the testimony must establish (1) that the scientific, technical, or other specialized knowledge will aid the trier of fact, and (2) that the expert is qualified to testify on … Clearly, appellant could have anticipated Saval's testimony, most of which was included in the offense report.

Delamora v. State

128 S.W.3d 344 · Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2004

The office of county sheriff in Texas is established by the state constitution. Tex. Const, art. V, § 23. … Aug. 14, 2003, no pet.), the court issued a memorandum opinion because “all dispositive issues are clearly settled in law.”

Conrad G. Deocariza v. Central Texas College District

Texas Court of Appeals, 3rd District (Austin) · Jun 19, 2008

In it, he stated that he believed he had "been clearly discriminated against based on Ethnicity, Origin and by Association ." … is qualified.

Devvy Kidd v. Carlos Cascos, Texas Secretary of State

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

It has been modified here in Texas precisely because the rule appears to establish a conclusive presumption. See Ass 'n ofTex. ProfIEducatorsv. … Clearly, state governments create public records. The current California Constitution, in Art. IV, §7, requires each house of the legislature to keep a journal of its proceedings as does Art.

Texas Department of Criminal Justice v. McElyea

239 S.W.3d 842 · Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2007

Witnesses testified that veterans were to receive preference over other applicants if they were equally qualified. … Moriarty testified that although McElyea was equally qualified with the other two applicants on paper, it became clear after the interviews that McElyea was less qualified.

Serena Shaunta Williams v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2010

It is well established that “sufficient accomplice-witness corroboration may be furnished by the suspicious conduct of a defendant.” Brown v. State, 270 S.W.3d 564, 568 (Tex. Crim. App. 2008). … That is to say, these facts clearly constitute evidence of “suspicious conduct” by LeBlue sufficient to corroborate Higgins’s testimony.

City of Temple v. Taylor

268 S.W.3d 852 · Texas Court of Appeals, 3rd District (Austin) · Oct 16, 2008

A trial court’s grant or denial of attorney’s fees in a declaratory-judgment action need not be reversed on appeal “unless the complaining party clearly shows the trial court abused its discretion.” State Farm Lloyds v. … -Austin 2007, pet. filed) (stating that "legislature necessarily waived governmental immunity for administrative back pay awards ... under section 143.053(f)”).

L.C. v. the Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Nov 13, 2009

L.C. states that her parental rights were “clearly infringed” by CPS’s abuse finding, but she does not provide an argument to support this statement. … Without such argument, L.C. does not establish that infringement of her parental rights was a basis for judicial review.

Bennett v. Bank United

114 S.W.3d 75 · Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2003

The intention to contract or confer a direct benefit to a third party must be clearly and fully spelled out, or enforcement by the third party must be denied. Id. … Although the insurance contract is not in the record, no party alleges that the contract clearly spells out a direct benefit to Bennett.

David Winsman v. City of Austin

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

Governmental immunity does not shield municipalities from liability arising from the creation or maintenance of a nuisance. Gotcher v. … To the extent that it is not, the truck is clearly a motor-driven vehicle under section 101.021. 2. We decline to follow the court in Schaefer v. City of San Antonio , 838 S.W.2d 688 (Tex. App.

Christopher Lynn LeBlue v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2010

It is well established that "sufficient accomplice-witness corroboration may be furnished by the suspicious conduct of a defendant." Brown v. State , 270 S.W.3d 564, 568 (Tex. Crim. App. 2008). … That is to say, these facts clearly constitute evidence of "suspicious conduct" by LeBlue sufficient to corroborate Higgins's testimony. We overrule LeBlue's second issue.

Steve F. Montoya, Jr., M.D., West Texas Renal Care and West Texas Nephrology v. San Angelo Community Medical Center and Kirk Brewer, M.D.

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

Torts> ... > Elements> Causation> Proximate Cause Opinion Torts > Public Entity Liability > Immunities > Qualified Immunity r124J PER CURIAM Governments … To establish a waiver of the attenuated from the cause of Sanchez's death-a drug City's immunity under section 101. 021 (2}. we must overdose-to be a proximate cause.