Case law

Cameron 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.

Edd Hendee, Individually and as Executive Director of C.L.O.U.T. v. David Dewhurst, Tom Craddick, State of Texas, and the Texas Legislative Budget Board

Texas Court of Appeals, 3rd District (Austin) · May 25, 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.

Power Clearinghouse, Inc. v. Public Utility Commission

968 S.W.2d 537 · Texas Court of Appeals, 3rd District (Austin) · Apr 30, 1998

PCI maintains that the Utilities Code clearly and unambiguously gives submetering landlords the status of wholesale customers. The term “wholesale” is not defined in the Utilities Code. … In City of Palm Springs, 76 FERC 61,127 (1996), the Federal Energy Regulatory Commission concluded that, for federal purposes, the delivery of power through submeters is not sufficient to establish a wholesale transaction

Taylor v. State

293 S.W.3d 913 · Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2009

promissory notes, (2) the promissory notes do not prove that the loans were ever actually disbursed, and (3) the State’s payment history document shows that some interest was paid on the loans, but the judgment does not clearly … Sex-vice by certified mail, which is how the State served Taylor, qualifies as personal service. See Tex.R. Civ. P. 106(a)(2); Devine v. Duree, 616 S.W.2d 439, 441 (Tex.Civ.App.-Fort Worth 1981, writ dism'd by agr.).

McAllen Hospitals, L.P. D/B/A McAllen Medical Center and D/B/A Edinburg Regional Medical Center and D/B/A Edinburg Children's Hospital and D/B/A McAllen Heart Hospital and D/B/A South Texas Behavioral Health Center Fort Duncan Medical Center Northwest Texas Healthcare System Inc. And Laredo Regional Medical Center D/B/A Doctor's Hospital of Laredo// Texas Health and Human Services Commission and Texas Health and Human Services Commission Office of Inspector General v. Texas Health and Human Services Commission and Texas Health and Human Services Commission Office of Inspector General// McAllen Hospitals, L.P. D/B/A McAllen Medical Center and D/B/A Edinburg Regional Medical Center and D/B/A Edinburg Children's Hospital and D/B/A McAllen Heart Hospital and D/B/A South Texas Behavioral Health Center Fort Duncan Medical Center Northwest Texas Healthcare System Inc. And Laredo Regional Medical Center D/B/A Doctor's Hospital of Laredo

Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2021

HHSC and the OIG filed a plea to the jurisdiction based on sovereign immunity, which the trial court granted. … § 371.1 (Definitions) (“The following words and terms, when used in this chapter, have the following meanings unless the contest clearly indicates otherwise[.]”).

Southwestern Bell Telephone Company and Southwestern Bell Communications Services, Inc., D/B/A Southwestern Bell Long Distance v. Public Utility Commission of Texas Max Yzaguirre, Chair of the Public Utility Commission of Texas Rebecca Klein, Commissioner of the Public Utility Commission of Texas Brett A. Perlman, Commissioner of the Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2001

And where the legislature qualifies a delegated power by specifying a method for its exercise, "[t]he prescribed method excludes all others, and must be followed." Cobra Oil & Gas Corp. v. … We cannot see that any of the various statutory powers of the PUC clearly negate SWBT's claims and statutory-construction arguments.

Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen

Texas Court of Appeals, 3rd District (Austin) · Feb 23, 2015

within the Act's immunity waiver. … clearly establishing that such events affect contract obli- [*65] The placement of section 2.03 in the context gations only in certain instances not found here.

City of Waco v. Texas Commission on Environmental Quality

346 S.W.3d 781 · Texas Court of Appeals, 3rd District (Austin) · Aug 2, 2011

An interest common to members of the general public does not qualify as a personal justiciable interest.”), .203(a) (West 2011) (Texas Comm’n Envtl. Quality, Determination of Affected Person) (same). … is no right to judicial review, unless and until the Legislature has waived that immunity by conferring a right of judicial review.

Michael A. Acosta v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Jun 30, 2010

Acosta stated by affidavit that he "refused to sign this reprimand as it was clearly false and just Youmans['s] means of harassing me." … There is no evidence that the three positions were not filled by qualified, current employees of Austin Energy.

Michael A. Acosta v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Jun 30, 2010

Acosta stated by affidavit that he “refused to sign this reprimand as it was clearly false and just Youmans[’s] means of harassing me.” … There is no evidence that the three positions were not filled by qualified, current employees of Austin Energy.

Bobby Ray Burks, Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2014

Louisiana, 552 U.S. 472, 477 (2008) (trial court’s ruling in third step must be sustained unless it is clearly erroneous). … examiner should report GSR particles even if the number does not meet the established level.

Chester L. Slay, Jr., Individually Union Texas Limited Partnership And Chester L. Slay, Jr., Trustee of Peckham Family Trust// Texas Commission on Environmental Quality v. Texas Commission on Environmental Quality// Chester L. Slay, Jr., Individually Union Texas Limited Partnership And Chester L. Slay, Jr., Trustee of Peckham Family Trust

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").

Chester L. Slay, Jr., Individually Union Texas Limited Partnership And Chester L. Slay, Jr., Trustee of Peckham Family Trust// Texas Commission on Environmental Quality v. Texas Commission on Environmental Quality// Chester L. Slay, Jr., Individually Union Texas Limited Partnership And Chester L. Slay, Jr., Trustee of Peckham Family Trust

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. … These guidelines do not establish rules which the public is required to obey or with which it is to avoid conflict.

Light v. State

993 S.W.2d 740 · Texas Court of Appeals, 3rd District (Austin) · May 20, 1999

The case law clearly holds the error here was jurisdictional, thus Jack is inapplicable. We reject the State’s argument that appellant somehow failed to preserve error. … The party making the motion has the burden of establishing by a preponderance of the evidence those facts necessary for the motion to prevail.

Alcides Cairus, M.D., Individually and D/B/A Alcides Cairus, M.D., P.A. v. Rosemary Gomez and Jesse Gomez

Texas Court of Appeals, 3rd District (Austin) · Dec 6, 2006

Studies supporting causation have been required where the link between the action alleged and the injury suffered has not been established. See, e.g., Merrell Dow Pharms., Inc. v. … Code Ann. § 51.014(a)(5) (allowing appeal from the denial of a summary judgment motion that is based on the assertion of immunity by an officer or employee of the state or a political subdivision of the state), (6) (allowing

Alcides Cairus, M.D., Individually and D/B/A Alcides Cairus, M.D., P.A. v. Rosemary Gomez and Jesse Gomez

Texas Court of Appeals, 3rd District (Austin) · Dec 6, 2006

Studies supporting causation have been required where the link between the action alleged and the injury suffered has not been established. See, e.g. , Merrell Dow Pharms., Inc. v. … Code Ann. § 51.014 (a)(5) (allowing appeal from the denial of a summary judgment motion that is based on the assertion of immunity by an officer or employee of the state or a political subdivision of the state), (6) (allowing

Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission

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

Likewise, the TCNA requirement of pre-established reasons for nomenewal constitutes a substantive limit on the State's discretion creating a property interest. Grounds, 856 S. W.2d at 418. … Pharmacy providers clearly fall within this broad definition.

Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 2015

It must be an interpretation which expresses only the will of the makers of the law, not forced nor strained, but simply such as the words of the law in their plain sense fairly sanction and will clearly sustain.” quoted … The amicus brief from the Chiropractic Society of Texas argues that acupuncture uses “needles to treat patients, with no regard for a vertebral subluxation, thereby not qualifying under [the Chiropractic Society of Texas

Northwest Austin Municipal Utility District No. 1 v. City of Austin

274 S.W.3d 820 · Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2008

To qualify as one for whose benefit a contract was made, the third party must benefit more than incidentally; he must be either a donee or creditor beneficiary. MCI Telecomms. Corp., 995 S.W.2d at 651 . … Nor did the City establish that the District’s suit is barred by laches.

Texas Department of Agriculture v. Shelia Latting

Texas Court of Appeals, 3rd District (Austin) · Jan 5, 2018

Latting was replaced by two white, less-qualified women. … Latting established her prima facie case by both her pleadings and her evidence, but Appellant contests Latting's evidence that she was qualified for the position from which she was discharged and the positions created