Case law

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

Mayhue v. State

969 S.W.2d 503 · Texas Court of Appeals, 3rd District (Austin) · May 7, 1998

According to May-hue, the boyfriend cooperated with the police in exchange for immunity from prosecution. … The State later granted J.M.’s boyfriend immunity from prosecution and he fully cooperated with the State at trial. He testified at trial that the State had granted him immunity.

Timmie Lynn Smith v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 7, 2007

In reviewing a ruling on a motion to suppress evidence, the appellate court will usually have facts established by the trial court to which the law must be applied. State v. Ross, 32 S.W.3d 853, 856 (Tex. Crim. … Thus, in order for one to be intoxicated, the 11 statute clearly requires that one of the above substances, or a combination thereof, be introduced into the body.

HB Aviation, LLC// Glenn Hegar, Texas Comptroller of Public Accounts And Ken Paxton, Texas Attorney General v. Glenn Hegar, Texas Comptroller of Public Accounts And Ken Paxton, Texas Attorney General// Cross-Appellee, HB Aviation, LLC

Texas Court of Appeals, 3rd District (Austin) · Nov 20, 2020

judgment motion contending that its purchase of an aircraft qualified for an occasional-sale exemption. See id. §§ 111.061(b)(2), 151.304(a). … The Comptroller’s summary-judgment motion contended, among other things, that the sale of the aircraft did not qualify for the occasional-sale exemption because the evidence conclusively established that Creech never made

Christina Prince v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 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.

Bobby Blu Greene v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 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.

Occidental Permian Ltd. v. Railroad Commission

47 S.W.3d 801 · Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2001

The Commission has established a procedure to obtain the favorable tax rate. See 16 Tex. Admin. … Testimony established in those cases that significantly increasing the amount of injected C02 in a [water alternating with C02] process above the original plan can qualify as an expansion of a tertiary recovery process.

Timmie Lynn Smith v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 7, 2007

In reviewing a ruling on a motion to suppress evidence, the appellate court will usually have facts established by the trial court to which the law must be applied. State v. Ross , 32 S.W.3d 853, 856 (Tex. Crim. … Thus, in order for one to be intoxicated, the statute clearly requires that one of the above substances, or a combination thereof , be introduced into the body. Atkins v. State , 990 S.W.2d 763, 767 (Tex. App.

Texas Entertainment Association, Inc. and Karpod, Inc.// Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas// Texas Entertainment Association, Inc. and Karpod, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 9, 2014

Although the supreme court overruled our conclusion that the sexually-oriented-business tax violates the First Amendment, the court did not discuss our sovereign immunity analysis. … A party’s burden to establish that the Texas Constitution affords greater free-speech protection than the First Amendment is thoroughly discussed in Commission for Lawyer Discipline v.

Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity

Texas Court of Appeals, 3rd District (Austin) · Apr 7, 2015

The TMB has in fact 4 established that Perez’s failure to sue the PAB is in fact a statutory prerequisite to suit. Perez’s reliance on Scott v. … PEREZ’S (NEW) SOVEREIGN IMMUNITY ARGUMENT LACKS MERIT. In his amended brief, Perez argues several constitutional issues. See Amended Br. at 26-32; 52-54.

Lapear O'Neal Willrich v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Nov 14, 2025

Outside the jury’s presence, Jervis was brought into the courtroom and he told the trial court that he would not testify even with a grant of testimonial immunity. … But the Clause does not block the use of such statements for purposes other than establishing the truth of the matter asserted. Id. at 59 n.9.

Michelle Lynn Bertram F/K/A Michelle Lynn Bistrup v. Eric Todd Bistrup

Texas Court of Appeals, 3rd District (Austin) · Apr 22, 2009

all the evidence in the record, both in support of and against the finding, and set aside a finding only if the evidence that supports it is so weak or against the great weight and preponderance of the evidence that it is clearly … There is no evidence of the nature, duration, or severity of Bistrup's mental anguish that could establish a substantial disruption in his daily routine.

Michelle Lynn Bertram F/K/A Michelle Lynn Bistrup v. Eric Todd Bistrup

Texas Court of Appeals, 3rd District (Austin) · Apr 22, 2009

If I get sick on one case, does this have anything to do with my immune system or my ability to fight anything else off? … If I get sick on one case, does this have anything to do with my immune system or my ability to fight anything else off? There are a lot of different things.

Harnett v. State

38 S.W.3d 650 · Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2000

Appellant established that Moritz had not done any post-graduate work in counseling and was not a licensed professional counselor. … 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 the

University Interscholastic League and Bailey Marshall v. Bruce Lafeyette Buchanan

Texas Court of Appeals, 3rd District (Austin) · Feb 3, 1993

However, the record clearly demonstrates that both Students repeated grades in school because of learning disabilities. … After reviewing the Act and its attendant regulations, we reject this argument and conclude that both students meet the definition of "qualified handicapped persons." 5.

Bart Gonzales Castro v. State

Texas Court of Appeals, 3rd District (Austin) · Nov 18, 1999

The State argued for the exhibits' admittance and attempted to establish the exhibits' relevance and probative value. … Whether a witness qualifies as an expert is left to the trial court's sound discretion and there are no hard and fast rules explaining what level of knowledge is needed to so qualify. Austin v.

in Re Insurance Placement Services (Bermuda) Ltd., Marsha Lanier Rambo and Bradley C. Bohling

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2011

The relator must establish that the trial court could reasonably have reached only one decision. Walker, 827 S.W.2d at 840. … CONCLUSION Based on the totality of the circumstances, we conclude that the trial court did not clearly abuse its discretion in determining that Lanier was not a consulting expert and in ordering L & L

in Re Insurance Placement Services (Bermuda) Ltd., Marsha Lanier Rambo and Bradley C. Bohling

Texas Court of Appeals, 3rd District (Austin) · Jul 14, 2011

The relator must establish that the trial court could reasonably have reached only one decision. Walker , 827 S.W.2d at 840 . … CONCLUSION Based on the totality of the circumstances, we conclude that the trial court did not clearly abuse its discretion in determining that Lanier was not a consulting expert and in ordering L & L and Lanier to respond

Frederick Fung, M.D. Mindy Minicucci, R.N. Ana Urukalo, D.P.M. The Austin Diagnostic Clinic Association D/B/A Austin Diagnostic Clinic The Austin Diagnostic Clinic, P.A. Austin Diagnostic Clinic, P.A. v. Kathryn Fischer and Myron Fischer

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.

Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality

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

Sovereign Immunity The Parties hereby agree that nothing in this AO waives the State of Texas' sovereign immunity relating to suit, liability, and the payment of damages. … Sites scoring 28.5 or greater may qualify for the federal Superfund program, while sites scoring 5 or greater may qualify for the state Superfund program.