Case law
Opinions from 1658 to today.
2,255 results
1.53s
Texas Court of Appeals, 3rd District (Austin) · May 13, 2015
It is clearly not restitution or repayment of inflated or false charges. … The Court of Appeals correctly notes that the UDJA does waive a governmental entity’s immunity for a declaration construing a statute, that 13 the UDJA waives sovereign immunity for
Cited 0 timesPublishedAntonio Perez v. the State of Texas
Texas Court of Appeals, 3rd District (Austin) · Mar 29, 2023
Under that standard, we will only reverse a trial court’s ruling if it is so clearly wrong as to lie outside “the zone of reasonable disagreement.” Lopez v. State, 86 S.W.3d 228, 230 (Tex. Crim. … However, the record establishes that he pleaded not guilty. Thus, we modify the judgment to reflect that Perez pleaded not guilty. See Tex. R. App.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 24, 2011
Although the attorney was never placed under oath, the supreme court observed that counsel was “clearly attempting to prove the existence and terms of the settlement” and held that opposing counsel had waived any complaint … While not attempting to negate Duty’s factual allegations, appellants attack her legal conclusion that these facts would establish a violation of section 111.0675.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 24, 2011
Miranda , 133 S.W.3d 217 ,] 227-28 [(Tex. 2004)] (regarding whether parks and wildlife department acted with gross negligence so as to waive sovereign immunity under the recreational use statute). … Although the attorney was never placed under oath, the supreme court observed that counsel was "clearly attempting to prove the existence and terms of the settlement" and held that opposing counsel had waived any complaint
Cited 0 timesPublishedRoland Oil Company v. Railroad Commission of Texas
Texas Court of Appeals, 3rd District (Austin) · Jan 21, 2015
actions did not constitute operations based on well-established oil and gas law. However, in Bargsely v. Pryor Petroleum Corp., 196 S.W.3d 823 (Tex. App. … The actions of Appellant clearly show more than minimal work as opposed to the Hall case.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 1, 2008
The manufacturer must then establish that the proposed transferee is not qualified. Id. … considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly
Cited 0 timesPublishedWitkowski v. Brian, Fooshee & Yonge Properties
181 S.W.3d 824 · Texas Court of Appeals, 3rd District (Austin) · Dec 8, 2005
As part of § 1441a, Congress established the Resolution Trust Corporation (“RTC”) to serve as a receiver of all properties previously held by failed thrift institutions. See id. § 1441a(b). … Rather, an agreement must clearly and fully express an intent to confer a direct benefit to the third-party. Id.
Cited 18 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 8, 2004
A uniquely qualified person means a resident of the State of Texas who, through education, training and experience, is as qualified to perform . . . orthotic care as those persons who obtain licensure pursuant to the Act, … The statute clearly envisions a second, alternate way for a person to obtain a license without meeting the new licensing requirements, apart from the grandfather provision.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 8, 2004
A uniquely qualified person means a resident of the State of Texas who, through education, training and experience, is as qualified to perform . . . orthotic care as those persons who obtain licensure … The statute clearly envisions a second, alternate way for a person to obtain a license without meeting the new licensing requirements, apart from the grandfather provision.
Cited 0 timesPublishedBastrop Central Appraisal District & Bastrop County Appraisal Review Board v. Vernon L. Frampton
Texas Court of Appeals, 3rd District (Austin) · Jul 1, 1992
As directed by the legislature, the State Property Tax Board (1) developed a manual of guidelines for use by each appraisal office in appraising qualified timber land and established rules of procedure for use by the appraisal … The District argues on appeal that Frampton failed to prove his land qualifies for timber valuation because he failed to satisfy the criteria the District employs to appraise qualified land.
Cited 0 timesPublishedSouth ½ Block 8 Venture v. Travis Central Appraisal District
Texas Court of Appeals, 3rd District (Austin) · Nov 26, 2025
Tax exemptions are narrowly construed, and the taxpayer has the burden to clearly show that an exemption applies. See Davies v. Meyer, 541 S.W.2d 827, 829 (Tex. 1976); see also AHF-Arbors at Huntsville I, LLC v. … The Venture submitted evidence regarding each of the four elements necessary to qualify an organization as “religious.”
Cited 0 timesPublished331 S.W.3d 900 · Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2011
In addition, a libel plaintiff must establish injury and damages from the statement. … We acknowledge that Neely raises some perplexing questions regarding the doctrinal basis for the supreme court’s holding, questions that the McIlvain opinion did not clearly answer.
Cited 8 timesPublishedCity of Temple, Texas v. Steven Taylor
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)").
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Apr 17, 2007
The standard allows the state in a timely manner to extricate itself from litigation if it is truly immune. … Plaintiffs’ claims are clearly not so limited. They challenge expenditures claimed to be unlawful because they are being made pursuant to allegedly unconstitutional or unlawful appropriations.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 1, 2008
The manufacturer must then establish that the proposed transferee is not qualified. Id. If the Board finds that the proposed transferee is qualified, the transfer is effected by law. Id. § 2301.360(c). … other error of law; (E) not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 30, 1999
that the weight of the drugs was more than four grams and (iii) to establish that he had any intent to deliver. … Although Ramsey distinguished degradation products from adulterants and dilutants, he testified that "degradation products" qualified as adulterants or dilutants under the controlled substance laws.
Cited 0 timesPublishedCameron Dean McCullough v. State
Texas Court of Appeals, 3rd District (Austin) · May 20, 1999
To establish unlawful possession of a controlled substance, the State must prove beyond a reasonable doubt that the defendant exercised care, custody, control, and management over the contraband and that the defendant knew … Bradshaw, after being granted immunity from prosecution, testified as a State's witness.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 2, 2015
Judge Charles Ramsay does not qualify as a retired judge but as a former judge. … As discussed above, Eric Drake does not allege or produce any evidence to establish a waiver of the sovereign immunity of Defendant Seana Willing with respect to his claims, nor does Eric Drake have standing to bring any
Cited 0 timesPublishedin Re Wendy Davis, Chrysta Castañeda, and Mary Jennings (M.J.) Hegar
Texas Court of Appeals, 3rd District (Austin) · Aug 19, 2020
Election Code, there are three ways for a candidate to obtain a place on the statewide general election ballot: (1) win a primary election, (2) receive a nomination from a political party that nominates by convention and qualifies … clearly fixed and required by the law.”
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 16, 2008
Because Taylor’s appeal resulted in a reduced suspension and reinstatement to the position from which he was suspended, he qualified for a back- pay award under section 143.053(f).3 2 Section 143.053 … 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.”
Cited 0 timesPublished
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