Case 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.

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.

Texas Commission on Environmental Quality Bryan W. Shaw, in His Official Capacity as Chairman of the Texas Commission on Environmental Quality Buddy Garcia and Carlos Rubinstein,in Their Official Capacity as Commissioners of the Texas Commission v. Denbury Onshore, LLC Montgomery County City of Conroe Nicky E. Dyer Flora Harrell Edgar Hoagland Shirley Hoagland James A. Langston, III James Langston Lois Nelson Brian Rodel Richard Ward Edward A. (Art) Wilson And Bank of America

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

Viewing section 27.018(c) in context with the other sections of the Act, we cannot conclude that the legislature clearly intended its evidentiary requirements to be jurisdictional. … NAACP of Austin, 345 S.W.3d 1, 11 (Tex. 2011) (governmental official retains immunity unless “viable” constitutional claim pleaded).

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.

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.

Atmos Energy Corporation and Enermart Energy Services Trust v. Greg Abbott, in His Official Capacity as the Attorney General of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 29, 2004

The OAG filed a plea to the jurisdiction challenging the ripeness of the controversy and asserting sovereign immunity. … Last, appellants argue that there is a limited waiver of sovereign immunity under the UDJA.

Atmos Energy Corporation and Enermart Energy Services Trust v. Greg Abbott, in His Official Capacity as the Attorney General of Texas

Texas Court of Appeals, 3rd District (Austin) · Jan 29, 2004

The OAG filed a plea to the jurisdiction challenging the ripeness of the controversy and asserting sovereign immunity. … Last, appellants argue that there is a limited waiver of sovereign immunity under the UDJA.

Leslie Edwards v. State

Texas Court of Appeals, 3rd District (Austin) · May 29, 2014

Edoka was not qualified as a mental health expert and thus his opinion testimony was inadmissible. We disagree. We find Dr. … Edoka’s testimony, established that T.L. suffered from significant mental impairment that rendered her unable to function independently to the level necessary to provide for herself.

Ex Parte James Richard "Rick" Perry

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

immunity. … Pachtman.162 Appellant provides no legal basis for departing from that long-established rule.163 The executive power of veto is powerful, but it cannot be the basis for immunity from prosecution for criminal acts

AT&T Communications of the Southwest, Inc. v. Public Utility Commission of Texas, Southwestern Bell Telephone Company, and GTE Southwest Incorporated

906 S.W.2d 209 · Texas Court of Appeals, 3rd District (Austin) · Aug 30, 1995

SWB and GTE declined to provide the trunk line at a PBX-surcharge rate on the ground that the AT & T equipment did not qualify for that rate. … They insisted that AT & T must pay instead the higher access-charge rate established in their tariffs under the heading “Feature Group A.”

Henderson v. State

14 S.W.3d 409 · Texas Court of Appeals, 3rd District (Austin) · Mar 2, 2000

Before Kelly was decided, the court of criminal appeals established a three-part predicate for the admission of an in- *412 toxilyzer test result. … Clearly, if the State lays the predicate required by Harrell it also satisfies the third element of Kelly as it applies to an intoxilyzer test result. 2 Appellant’s intoxilyzer test was administered by Austin police officer

J. H. Schlueter and Richard Stephen Schlueter v. Karen Sue Schlueter

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 1996

The disputed evidence clearly went to the issue of Hudson's motive and intent. … The supreme court clearly abolished the doctrine of interspousal immunity and is certainly capable, without our assistance, of reviving that doctrine, in whole or in part, if it should ever feel the need.

Taylor v. Texas Department of Protective & Regulatory Services

160 S.W.3d 641 · Texas Court of Appeals, 3rd District (Austin) · Mar 10, 2005

He said Taylor clearly loved her granddaughter very much. He said that the couple had a good relationship, and he had never witnessed any fights between them. … In addition, in light of the whole record, the evidence is not so weak as to be clearly wrong and manifestly unjust. See Cain v. Bain, 709 S.W.2d at 176 .

Castellow v. Swiftex Manufacturing Corp.

33 S.W.3d 890 · Texas Court of Appeals, 3rd District (Austin) · Jan 19, 2001

Castellow clearly states her issue on appeal and concisely argues that the waiver is unenforceable as a matter of public policy. This is sufficient to preserve this issue for our review. See id. at 725 . … Castellow also contends that the waiver she signed provides Swiftex more immunity from liability than that granted by the Act.

PODER, Govalle/Johnston Terrace Neighborhood Planning Team, Old West Austin Neighborhood Association and Fix Austin v. City of Austin Mayor of Austin, the Honorable Will Wynn Mayor Pro Tem Betty Dunkerley Council Member Mike Martinez Council Member Jennifer Kim Council Member Lee Leffingwell Council Member Brewster McCracken Council Member Sheryl Cole

Texas Court of Appeals, 3rd District (Austin) · Oct 16, 2008

The biggest disservice I could do to you would be to allow the project to keep moving ahead and not clearly present where we are, what we are doing and why. … Legislative Immunity In their third issue, appellants contend that the trial court erred in granting summary judgment because the individual defendants do not have legislative immunity from appellants' declaratory claims

John Gannon, Inc. v. the Texas Department of Transportation James M. Bass, in His Official Capacity as Executive Director of the Texas Department of Transportation And Kyle Madsen, in His Official Capacity as Director of Right of Way for the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Oct 9, 2020

Sefzik, 355 S.W.3d 618, 620 (Tex. 2011) (sovereign immunity). … § 1.1(b)(1)(L), (O), (b)(2) (providing that Commission will “adopt rules for the operation of the department” and “establish policy necessary to carry out the duties and functions of the department and the commission”

Southwest Pharmacy Solutions, Inc. D/B/A American Pharmacies v. Texas Health and Human Services Commission and Thomas Suehs, Solely in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 2013

While sovereign immunity bars actions against the state absent a legislative waiver, Harris Cnty. v. … Section 2001.024 of the APA requires that the published notice of a rule include certain statements and “any other 8 The parties do not dispute that American Pharmacies’ members qualify as small businesses

Texas Alcoholic Beverage Commission v. American Legion Knebel Post 82

Texas Court of Appeals, 3rd District (Austin) · May 16, 2014

(holding that “section 2001.038 is a grant of original jurisdiction and, moreover, waives sovereign immunity”). … But more important, the district court’s judgment here clearly declares that the Post’s Sweepstakes, again as established by the summary-judgment evidence, is not illegal gambling under TABC rule 35.31(b).

Texas Department of Banking v. Mount Olivet Cemetery Ass'n

27 S.W.3d 276 · Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2000

Sovereign Immunity Generally, sovereign immunity, unless waived, protects the State, its agencies, and its officials from lawsuits for damages, absent legislative consent to sue the State. See Federal Sign v. Texas S. … We hold that sovereign immunity does not bar Mount Olivet’s suit for declaratory relief. B.

Austin Transportation Study Policy Advisory Committee and State Department of Highways and Public Transportation v. the Sierra Club, Save Barton Creek Association, Allandale Neighborhood Association, Texas Association for Public Transportation and Koenig Lane Business Association

Texas Court of Appeals, 3rd District (Austin) · Nov 25, 1992

Assuming the Sierra Club had the burden of proof to establish all issues relative to attorney's fees, we shall consider these points as no-evidence points. … Governmental Immunity In its second point of error, SDHPT contends that it is not subject to an award of attorney's fees because it possesses government immunity.