Case law
Opinions from 1658 to today.
2,255 results
2.83s
Ex Parte James Richard "Rick" Perry
Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2015
Quite the contrary, Governor Perry merely relies on Article II, Section I of the Texas Constitution, which mandates a clear separation of powers between the three departments of state government, and well-established case … the separation of powers conflict that is the basis for the immunity.”
Cited 0 timesPublishedTexas 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."
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 10, 2015
Instead, the State raised immunity on Xerox’s behalf. CR54-57. … PAC-04 Establish and follow State-apt'roved policies and procedures. for analyzing and researching PA determinations.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 18, 2000
The Board did not raise this issue in its motion to dismiss, instead arguing (1) it was shielded by the defenses of sovereign immunity and statute of limitations and (2) Guynes's claims were made under inappropriate statutory … for inmate's [sic] to obtain relief for Governmental abused [sic] of discretion in violating a clearly established law."
Cited 0 timesPublishedTexas 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.
Cited 0 timesPublishedTexas 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 0 timesPublishedin Re ETC Texas Pipeline, LTD.
Texas Court of Appeals, 3rd District (Austin) · Aug 3, 2022
Code §§ 21.012 (establishing requirements for condemnation petition), .013(a) (venue for condemnation proceedings). The condemnation suit then proceeds in two phases. In re State, 629 S.W.3d at 466. … But In re Lazy W concerned sovereign immunity, clearly implicating the “court’s subject- matter jurisdiction over pending claims.” Id. (quoting Zachry Constr. Corp. v. Port of Houst.
Cited 0 timesPublishedTexas 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 0 timesPublishedHarris County Hospital District v. the Public Utility Commission of Texas
Texas Court of Appeals, 3rd District (Austin) · Jul 12, 2012
Evidence is factually insufficient only if the evidence adverse to the finding at issue preponderates so overwhelmingly against the challenged finding that the finding is clearly wrong and manifestly unjust. … , standing in isolation, might not otherwise independently qualify as mental health-care services.
Cited 0 timesPublishedSeasha Pools, Inc.// Robert Hardister v. Robert Hardister// Cross-Appellee, Seasha Pools, Inc.
Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012
cost of replastering the pool, and thus Hardister has not conclusively established a specific amount of damages. … Because the record does not establish the amount of damages as a matter of law, we remand for further proceedings.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 6, 2024
However, during that suit Davis contemplated adding a DTPA (Deceptive Trade Practice Act) claim; in order for Elizabeth to qualify as a “consumer” under the statute, her net worth could not exceed $25 million. … a prima facie case in support of their claims, and (3) Davis established the attorney-immunity defense. 1.
Cited 0 timesPublishedOlin M. Blanton v. City of Martindale
Texas Court of Appeals, 3rd District (Austin) · Jan 28, 1999
The city argued it was immune from liability on the conversion and emotional distress causes of action. It also directly attacked the factual basis for the conversion claims. … For purposes of the summary-judgment motion, the city conceded Blanton laid out a prima facie case of age discrimination--he was at least forty years of age (fifty-nine), was qualified for the job, was discharged, and was
Cited 0 timesPublishedTexas Department of Insurance v. State Farm Lloyds
260 S.W.3d 233 · Texas Court of Appeals, 3rd District (Austin) · Jul 24, 2008
The system established by SB 14 was to be implemented in three phases. … Such an interpretation would lead to the conclusion that TDI could simply refuse to hold administrative hearings and then issue an order that would be immune from judicial review, a result that could hardly be contemplated
Cited 24 timesPublished258 S.W.3d 190 · Texas Court of Appeals, 3rd District (Austin) · Feb 22, 2008
DISCUSSION Deed Restrictions Covenants restricting the free use of land are not favored by the courts, *195 but will be enforced if they are clearly worded and confined to a lawful purpose. Wilmoth v. … However, when we held that the deed restriction against mobile homes in Dempsey was unambiguous, a jury had already made a factual finding that the structure at issue — a double-wide manufactured home — actually qualified
Cited 25 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Feb 28, 2001
The "export stream" is defined as the final, continuous journey out of the country, and tax immunity attaches as soon as the journey begins. Department of Revenue v. Association of Wash. … There are circumstances in which merchandise can qualify for an exemption as an export at the time of purchase.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 23, 1995
We have written that the trustworthiness of a statement against penal interest is clearly indicated when: (1) there is evidence independent of the statement itself that tends either directly or circumstantially to establish … These circumstances clearly indicate that Ewing's self-incriminating statements were trustworthy.
Cited 0 timesPublishedIn Re Georgina Yackelin Ramirez Uzcategui v. the State of Texas
Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2026
This original proceeding followed. 2 Mandamus relief is appropriate where the trial court clearly abuses its discretion and there is no other adequate remedy … RPI’s response to Relator’s mandamus petition contends that the UCCJEA is inapplicable to the Venezuelan order and that it does not qualify as a “child custody determination” under Family Code subsection 152.102(3) because
Cited 0 timesPublishedEmployees Retirement System of Texas v. Martin Lowy
Texas Court of Appeals, 3rd District (Austin) · Aug 19, 2021
She served enough additional years as a visiting judge to qualify as a retiree, and took senior judge status shortly before her assignment to this case. Id. at 437, 438. … The issue in Mitchell Energy was not whether Judge Gant had served enough time as a visiting judge to qualify as a retiree or exactly how much service credit she had earned through sitting by assignment.
Cited 0 timesPublishedTexas 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 0 timesPublishedin Re Xerox Corporation and Xerox State Healthcare, LLC F/K/A ACS State Healthcare, LLC
Texas Court of Appeals, 3rd District (Austin) · Aug 13, 2015
qualified as a severe handicapping malocclusion. … See generally Justin Roberts & Randell Roberts, Can Immune Parties Really be Responsible?
Cited 0 timesPublished
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