Case law

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.

Texas Health and Human Services Commission Texas Department of Assistive and Rehabilitative Services And Commissioner Albert Hawkins, in His Official Capacity Only v. Mary L. Wolfe

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2010

So clearly that's misleading to the jury. It's a misrepresentation of why we're here. … That fact is clearly irrelevant, however, to whether the court could properly declare that Wolfe had already suffered discrimination.

Susan Combs, Successor to Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas And Greg Abbott, Attorney General of the State of Texas v. Chevron USA, Inc.

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2010

Leases of tangible personal property qualify as taxable "sales." See id . § 151.005(2). Scaffolding qualifies as tangible personal property. See id . § 151.009. … This language clearly indicates that a motion for rehearing can only include claims that the Comptroller has already decided on.

Texas Health and Human Services Commission Texas Department of Assistive and Rehabilitative Services And Commissioner Albert Hawkins, in His Official Capacity Only v. Mary L. Wolfe

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2010

So clearly that’s misleading to the jury. It’s a misrepresentation of why we’re here. … That fact is clearly irrelevant, however, to whether the court could properly declare that Wolfe had already suffered discrimination.

Wylie Cavin and Lillian Cavin v. William Abbott

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2025

He further asserts that even if we conclude they established a prima facie case, we should affirm the trial court’s order because Abbott established by a preponderance of the evidence his affirmative defenses of qualified … Abbott’s Affirmative Defense of Qualified Privilege If Abbott established his affirmative defense of qualified privilege by a preponderance of the evidence, then the trial court properly granted his TCPA

Elizabeth Louise Handley v. Marian C. Bloss

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2010

Leases of tangible personal property qualify as taxable “sales.” See id. § 151.005(2). Scaffolding qualifies as tangible personal property. See id. § 151.009. … This language clearly indicates that a motion for rehearing can only include claims that the Comptroller has already decided on.

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.

Rosendo Morales v. Texas Department of Insurance-Division of Workers' Compensation, and Commissioner Ryan Brannan, in His Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Sep 9, 2015

prior to maximum medical improvement; 2. that under Texas Labor Code Section 401.011 and Chapter 408 concerning impairment ratings that the DWC designated doctor’s report is legally invalid because while clearly … Affirming the trial court’s order based on the non-immunity jurisdictional defects will serve the interests of judicial economy, establish law of the case, and eliminate a second, unnecessary appeal of the order dismissing

Leticia Rodriguez and All Other Occupants of 2520 Saulsbury, Temple, Texas 76504 v. Citimortgage, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 6, 2011

The evidence established Citimortgage’s superior right to possession of the property. … An affidavit of the custodian of records or a “qualified witness” may be presented at trial with the business records to establish that the records satisfy these requirements and to render them self-authenticated.

Leticia Rodriguez and All Other Occupants of 2520 Saulsbury, Temple, Texas 76504 v. Citimortgage, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jan 6, 2011

The evidence established Citimortgage's superior right to possession of the property. … An affidavit of the custodian of records or a "qualified witness" may be presented at trial with the business records to establish that the records satisfy these requirements and to render them self-authenticated. Tex.

Slay v. TEX. COM'N ON ENVIRONMENTAL QUALITY

351 S.W.3d 532 · Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2011

They relied on their sovereign immunity from suit and the assertion that Plaintiffs had failed to invoke section 2001.038's waiver of immunity for two reasons. … (holding that "section 2001.038 is a grant of original jurisdiction and, moreover, waives sovereign immunity").

GATX Terminal Corporation v. Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

The Comptroller's decisions indicate that if the taxpayer raises either of these exceptions, the Comptroller must initially establish that the services qualify as maintenance or new construction. Tex. … As-needed work does not qualify as scheduled because it is not performed until someone directs that it be done. Id. Docket No. 30,911.

GATX Terminal Corporation v. Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 18, 2002

The Comptroller’s decisions indicate that if the taxpayer raises either of these exceptions, the Comptroller must initially establish that the services qualify as maintenance or new construction. Tex. … As-needed work does not qualify as scheduled because it is not performed until someone directs that it be done. Id. Docket No. 30,911.

Michelle Bubnis v. Leander Independent School District

Texas Court of Appeals, 3rd District (Austin) · Mar 25, 2015

12 Although “toxic encephalopathy with resulting anxiety and depression” was the official diagnosis reported to LISD, Bubnis’s doctor also described it as “toxic encephalopathy as well as a sensitized immune … Thus, Bubnis’s anxiety and depression, whether assigned a 0%, 30%, or 100% impairment rating, would not qualify for impairment income under the Act because it is not an “impairment” as that term is defined under the Act

Preiss v. Moritz

60 S.W.3d 285 · Texas Court of Appeals, 3rd District (Austin) · Dec 6, 2001

Because Preiss established only that Garcia's questionnaire contained a misrepresentation or omission, he failed to carry his burden of establishing either harm or due diligence, both required by Palmer. … qualified jurors."

Sue Hoover v. Diana Cook Seinera

Texas Court of Appeals, 3rd District (Austin) · Oct 12, 1994

Unless Hoover has shown on appeal that she established every element of usury in the trial court, we cannot agree that she conclusively established her counterclaim for usury. … To rely on a qualified refusal, the person in possession must disclose the qualification to the owner; she must communicate the reason for the qualified refusal distinctly. Morey v. Page , 802 S.W.2d 779, 786 (Tex. App.

C. C. Carlton Industries, Ltd. and KB Homes Lone Star, L.P. v. Kirk Blanchard, Tina Blanchard, Aleyda B. Sosa and Maribel Rivera

Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2010

A witness may be qualified by knowledge, skill, experience, training, or education to testify as an expert. See Tex. R. Evid. 702. … Venable was qualified as an expert witness on the issue of causation, and the jury obviously found him more credible than Meyer.

the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart

Texas Court of Appeals, 3rd District (Austin) · Nov 10, 2015

(c)AAIf the criteria for educational incentive pay are clearly established, are in writing, and are applied equally to each fire fighter or police officer in a municipality who meets the criteria … (d)AAIf the criteria for fitness incentive pay are clearly established, are in writing, and are applied equally to each fire fighter or police officer in a municipality who meets the criteria, the municipality ’s governing

American Agape Foundation, Inc. v. Travis Central Appraisal District

Texas Court of Appeals, 3rd District (Austin) · Mar 29, 2001

Discussion The standards for reviewing a Rule 166a(c) motion for summary judgment are well-established. … Our interpretation of section 11.182 is governed by the well-established rules of statutory construction.