Case law

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.

Chandler v. Jorge A. Gutierrez, P.C.

906 S.W.2d 195 · Texas Court of Appeals, 3rd District (Austin) · Oct 11, 1995

In its entirety, article 21.28 establishes procedures for the closing of receivership proceedings. … Chandler asserts that the time-bar provision is clearly designed to penalize those who "slumber on their rights.”

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

(noting that City raised defense of governmental immunity from suit in its pretrial and post-verdict motions); City of Brownsville v. Pena, 716 S.W.2d 680-81 (Tex. App. … The Fischers respond that Varon’s report “clearly identif[ies]” how Fung’s conduct fell below the standard of care, and that the “primary breach exists if Fung was aware of Mrs.

Colby Ray Williamson v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 2, 2019

Proc. art. 37.09(1) (“An offense is a lesser included offense if it is established by proof of the same or less than all the facts required to establish the commission of the offense charged[.]”). … by proof of same or less than all of facts required to establish felony murder); see also Perkins v.

Diana L. Morris A/K/A Diana Aguilar v. Juan Aguilar and Margarita Aguilar

366 S.W.3d 208 · Texas Court of Appeals, 3rd District (Austin) · Jul 9, 2010

P. 33.1(a) (record must show complaint was clearly and specifically raised before trial court); Arkoma Basin Exploration Co. v. … Appellant contends that the allegations in her and her husband’s affidavit were not controverted at the hearing and that the only evidence produced at the hearing further establishes her indigence and inability to pay for

Eileen Bennett v. Bank United Patricia Lackey, as Escrow Manager of the Mortgage Loan Administration First Bank National Association, as Trustee, for the Benefit of the Holders of the First Boston Mortgage Securities Corporation Conduit Mortgage Pass-Through Certificates

Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2003

The intention to contract or confer a direct benefit to a third party must be clearly and fully spelled out, or enforcement by the third party must be denied. Id. … Although the insurance contract is not in the record, no party alleges that the contract clearly spells out a direct benefit to Bennett.

Eileen Bennett v. Bank United Patricia Lackey, as Escrow Manager of the Mortgage Loan Administration First Bank National Association, as Trustee, for the Benefit of the Holders of the First Boston Mortgage Securities Corporation Conduit Mortgage Pass-Through Certificates

Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2003

The intention to contract or confer a direct benefit to a third party must be clearly and fully spelled out, or enforcement by the third party must be denied. Id. … Although the insurance contract is not in the record, no party alleges that the contract clearly spells out a direct benefit to Bennett.

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.

State v. Jeffrey Morales

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 1992

The statements in question do not qualify under the "res gestae" exception. … Appellee had the opportunity to cross-examine Eckstrom but he was unable to establish any evidence raising the issue of self-defense.

Reynaldo "Rey" Gonzalez, Jr., M.D., J.D. v. Texas Medical Board

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2023

Williamson Cnty., 369 S.W.3d 137, 150 (Tex. 2012), which encompasses the burden of establishing a waiver of sovereign immunity in suits against the government, Town of Shady Shores v. … Code § 104.005(a), “establishes a legislative intent for judicial enforcement, not administrative action by TMB.” We disagree.

Oscar Henderson v. State

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 intoxilyzer 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

Public Utility Commission of Texas and Southwestern Bell Telephone Company v. Allcomm Long Distance, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 21, 1995

IXCs, however, are able to capture the data necessary to establish whether calls are interstate or intrastate. … PURA clearly intends that the Commission have the authority to oversee and approve the actions of a regulated utility.

Texas Department of Criminal Justice v. Edward McElyea

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2007

Witnesses testified that veterans were to receive preference over other applicants if they were equally qualified. … Moriarty testified that although McElyea was equally qualified with the other two applicants on paper, it became clear after the interviews that McElyea was less qualified.

National Council of Allied Employees v. State of Texas

Texas Court of Appeals, 3rd District (Austin) · May 25, 1994

An "employee welfare benefit plan" is any plan, fund or program . . . established or maintained by an employer or by an employee organization, or by both, . . . to the extent that such plan, fund, or program was established … The court found that SMET was neither established nor maintained by an employer or an employee organization. Id.

the City of Fort Worth and Gary W. Jackson v. John W. Cornyn, Attorney General of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2002

In its brief, as in the court below, the City relies on Fort Worth Police Chief Ralph Mendoza's affidavit to establish that the requested documents are exempt from disclosure. … persuade the legislature to create an Open Records Act exception for such applicants, it is not evidence of a 'clearly unwarranted invasion of personal privacy' under . . . the Open Records Act.").

Dedric Dixon v. State

Texas Court of Appeals, 3rd District (Austin) · Nov 8, 2019

A defendant’s only substantial right in this context, therefore, is that the jurors who do serve be qualified. Gray, 233 S.W.3d at 301; Jones, 982 S.W.2d at 393. … the guilt of the actor, and circumstantial evidence alone can be sufficient to establish guilt.”

Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Authority

96 S.W.3d 519 · Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

But this reasoning conflicts with the well established principle that an agency’s final order, like the final judgment of a court of law, is immune from collateral attack. See Alamo Express, Inc. v. … The court wrote: Assuming that [Carr] could qualify as an "interested person” within the Open Meetings Act, he could attack an action of a governmental body for violations of the Act only directly, not collaterally.

Texas Department of Criminal Justice v. Edward McElyea

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2007

Nor does an employee need to establish an actual violation of law. Id. … Moriarty testified that although McElyea was equally qualified with the other two applicants on paper, it became clear after the interviews that McElyea was less qualified.

J. Scott Loras v. Susan Mitchell

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 2012

He contends that the evidence was insufficient to establish that the expenses incurred on A.L.' … standing in isolation, might not otherwise independently qualify as mental health-care services.