Case law

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.

Raul Adam Trevino v. Michel F. Kennell

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2013

See id. at 321-28 (“The Due Process Clause of the Fifth Amendment does not establish any right to an appeal, and certainly does not establish any right to collaterally attack a final judgment of conviction.” … Section 552.028 clearly applies to Trevino’s request for information under the PIA and is not unconstitutional on its face or as applied to his circumstances.

Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox And the City of Hempstead v. Texas Commission on Environmental Quality and Pintail Landfill, L.L.C.

Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2016

(emphasis added); McDaniel, 982 S.W.2d at 653 (declining to “give a mandatory meaning to the clearly permissive language of section 361.061”). … Here, that qualifying characteristic is that the Facility transfers a low volume of municipal solid waste. We overrule CALH’s first issue.

Sharp v. Direct Resources for Print, Inc.

910 S.W.2d 535 · Texas Court of Appeals, 3rd District (Austin) · Oct 18, 1995

The established test for determining whether a transaction is subject to sales tax involves the determination of the ultimate object or the essence of the transaction. Bullock v. … taxable and others of which are clearly exempted from sales tax.

Alice M. Jones v. Teacher Retirement System of Texas

Texas Court of Appeals, 3rd District (Austin) · Sep 18, 2019

Courts should strictly construe statutes waiving sovereign and governmental immunity. City of Houston v. Jackson, 192 S.W.3d 764, 770 (Tex. 2006). … Moreover, the Board concluded that the evidence did not establish that TRS breached any fiduciary duty owed to Jones.

Rhonda Ramsey v. Reagan Burrus Dierksen Lamon & Bluntzer, P.L.L.C. John T. Dierksen Jonathan Hull And Brentley W. Free

Texas Court of Appeals, 3rd District (Austin) · Jan 16, 2003

As a general rule, an appellate court will not review the trial court's action with regard to matters resting in the trial court's discretion, unless such discretion has been clearly and prejudicially abused. … Specifically, without expert testimony to establish the standard of skill and care ordinarily exercised by an attorney, there is no evidence to establish breach of duty, an essential element of Ramsey's cause of action.

Best & Co. v. Texas State Board of Plumbing Examiners

927 S.W.2d 306 · Texas Court of Appeals, 3rd District (Austin) · Sep 11, 1996

It is well,established that procedural due process does not protect the mere expectation of a property interest. Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1972). … “[T]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.” Id.

Steering Committees for the Cities Served by TXU Electric v. Public Utility Commission

42 S.W.3d 296 · Texas Court of Appeals, 3rd District (Austin) · Mar 15, 2001

The Commission adopted Rule 25.111 to establish requirements and procedures for registering aggregators. 16 Tex.Admin.Code § 25.111. … These cities may adopt or amend their own charters by a majority vote of qualified voters and they may levy and assess taxes. Id. art. XI, § 5.

Rebekha Montie v. Bastrop County

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2016

Governing Law As mentioned above, this case was filed under the Act, “which waives sovereign immunity from suit for retaliatory discharge under certain circumstances,” Texas Comm’n on Envtl. … investigative or enforcement powers herself could, on its own, conclusively establish that Mollaghan was not an appropriate law-enforcement authority with whom a report could be made.

the GEO Group, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2015

The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. … If the owner of the business appoints an agent to act on the owner's behalf, the power of attorney must clearly state that the agent is attempting to qualify the principal for a sales tax exemption, and if a refund of sales

AnnaMarie Sherbin v. Dean Word Company, Ltd.

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

Sherbin's counsel explained that Steitle would not "be able to say where the source was, other than he saw in his rearview mirror what he clearly believed to be a cloud of lime dust." … ("Without probative evidence in the record which establishes the amount of time between [the] statement and [the event described], we cannot conclude that the statement falls within this exception.").

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) · May 27, 2015

Clearly, the state agency was a necessary party to the declaratory action. … The DWC’s enforced rating is clearly erroneous and legally invalid. 10.

Sterling Truck Corp. v. Motor Vehicle Board of Texas Department of Transportation

255 S.W.3d 368 · Texas Court of Appeals, 3rd District (Austin) · May 1, 2008

other error of law; (E) not reasonably supported by substantial evidence considering the rehable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … The manufacturer or distributor 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).

State v. Suzanne Wolfe

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

Sherbin’s counsel explained that Steitle would not “be able to say where the source was, other than he saw in his rearview mirror what he clearly believed to be a cloud of lime dust.” … (“Without probative evidence in the record which establishes the amount of time between [the] statement and [the event described], we cannot conclude that the statement falls within this exception.”).

Codner v. Arellano

40 S.W.3d 666 · Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2001

An expert qualified by knowledge, skill, experience, training, or education may testify if the expert’s knowledge would help the trier of fact understand the issues. Tex.R.Evid. 702. … Codner has not met his heavy burden of showing that Audino’s testimony was essential to his claim and that the district court clearly abused his discretion.

Lee v. Texas Workers' Compensation Commission

272 S.W.3d 806 · Texas Court of Appeals, 3rd District (Austin) · Dec 17, 2008

The choice to grant further administrative procedures to doctors who would no longer be qualified providers under the workers’ compensation scheme was the legislature’s. It chose not to do so. … established right to due process before removal of a professional license.”

Alejandro Munoz v. State

Texas Court of Appeals, 3rd District (Austin) · Nov 14, 2014

DISCUSSION To establish ineffective assistance of counsel, an appellant must demonstrate by a preponderance of the evidence both deficient performance by counsel and prejudice suffered by the defendant … As other portions of the notebook were clearly admissible—in particular, the lyrics of a song entitled “[Z.] Song,” about a nine-year-old boy showing “a grown man” appellant’s age “the meaning of life,” see Tex.

Jose Adan Guardiola v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 23, 2010

Appellant makes much of the fact that there is no evidence conclusively establishing when the accident happened. … He asserts that the "tone and comments made by the Trial Court clearly tainted the jury," citing Blue v. State , 41 S.W.3d 129, 132-33 (Tex. Crim.

Edwin Delamora v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 2004

The office of county sheriff in Texas is established by the state constitution. Tex. Const. art. V, § 23. … Aug. 14, 2003, no pet.), the court issued a memorandum opinion because “all dispositive issues are clearly settled in law.”

Rodolfo Canales, Jr.// Ken Paxton, in His Official Capacity as Attorney General of the State of Texas And the Office of the Attorney General, in Its Capacity as the Title IV-D Agency Under Part D of the Social Security Act v. Ken Paxton, in His Official Capacity as Attorney General of the State of Texas And the Office of the Attorney General, in Its Capacity as the Title IV-D Agency Under Part D of the Social Security Act// Cross-Appellee, Rodolfo Canales, Jr.

Texas Court of Appeals, 3rd District (Austin) · Sep 30, 2020

Sovereign immunity does not bar a suit challenging the constitutionality of a statute and seeking only equitable relief. Patel v. Texas Dep’t of Licensing & Reg., 469 S.W.3d 69, 76-77 (Tex. 2015). … See Grayned, 408 U.S. at 108 (“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.”).