Case law

Thurman Victor Cunningham v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 20, 1993

Blood stains and other evidence established that at least some of these injuries were sustained in one of the motel rooms rented by Lowman. … In general, the trustworthiness of the statement is clearly indicated when: 1) there is evidence independent of the statement itself that tends either directly or circumstantially to establish the truth of the matter asserted

Pearl Witkowski and Joseph Phillips, Individually and on Behalf of a Class of All Others Similarly Situated And Deanna Warner, Individually and on Be Behalf of a Class of All Others Similarly Situated v. Brian, Fooshee and Yonge Properties, a Texas General Partnership George Yonge Jefferson Fooshee, Patrick Brian And Embrey Partners, Ltd, a Texas Limited Partnership

Texas 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 .

in 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?

the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School

Texas Court of Appeals, 3rd District (Austin) · Oct 20, 2015

Sovereign immunity embraces two principles: immunity from suit and immunity from liability. Fed. Sign, 951 S.W.2d at 638 (citing Missouri Pac. R.R. Co. v. … They have also asked the Court to stay discovery to other schools; teachers have transferred; students could pending resolution of the qualified immunity issue not concentrate on their standardized

Pearl Witkowski and Joseph Phillips, Individually and on Behalf of a Class of All Others Similarly Situated And Deanna Warner, Individually and on Be Behalf of a Class of All Others Similarly Situated v. Brian, Fooshee and Yonge Properties, a Texas General Partnership George Yonge Jefferson Fooshee, Patrick Brian And Embrey Partners, Ltd, a Texas Limited Partnership

Texas 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.

Bexar Metropolitan Water District v. City of Bulverde

156 S.W.3d 79 · Texas Court of Appeals, 3rd District (Austin) · Jan 12, 2005

FACTUAL AND PROCEDURAL BACKGROUND Water districts are created by statute and can only exercise powers clearly given to them by the legislature. Tri-City Fresh Water Supply Dist. No. 2 of Harris County v. … Because GBRA is a corporation, it qualifies as a person under the UDJA. Therefore, GBRA has a cause of action under the UDJA, and we overrule BexarMet’s final issue on appeal.

Suzanne Kearns Dewalt v. State

417 S.W.3d 678 · Texas Court of Appeals, 3rd District (Austin) · Nov 7, 2013

(mem. op., not designated for publication) (collecting cases holding that docket-sheet entries and oral rulings from bench do not qualify as appealable orders). … other words, the relator is entitled to relief “‘when the facts and circumstances dictate but one rational decision’ under unequivocal, well-settled (i.e., from extant statutory, constitutional, or case law sources), and clearly

Nicole Welch and Restore Hyper Wellness and Cryotherapy, an Entity of Austin Cryo Ventures, LLC v. Kymberly See

Texas Court of Appeals, 3rd District (Austin) · Sep 29, 2023

Restore and Welch then filed a reply objecting to the evidence submitted by See with her response and asserting their defenses of limitations and immunity. … to carry her burden of proof to establish a prima facie case; and (3) even if See had carried her burden, they are entitled to dismissal based on their affirmative defenses of limitations and immunity.

Devvy Kidd v. Carlos Cascos, Texas Secretary of State

Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2015

Clearly, I am a "taxpayer" and also just as clearly, there are ~ ~ substantial funds being spent to conduct elections for U.S. Senators. … Waiver of Sovereign Immunity. r" My complaint sought a declaratory judgment and injunction against a public ~ ~ official, and sovereign immunity has been waived for cases like this one.

Hinkley v. Texas State Board of Medical Examiners

140 S.W.3d 737 · Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

error of law; (E) not reasonably supported by substantial evidence in view of the *743 reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … Hinkley correctly asserts that, according to federal standards of drug testing established by the National Institute on Drug Abuse, a positive drug test must be reviewed by a MRO. 49 C.F.R § 40.128 (2004).

Edna Irene Spurlock v. Texas Department of Protective and Regulatory Services

904 S.W.2d 152 · Texas Court of Appeals, 3rd District (Austin) · Jun 7, 1995

Appellant also points to the cross-examination of Bach, in which he qualified his testimony on direct and testified that appellant’s condition rendered her incapable of meeting her children’s physical needs, specifically … The weight of appellant’s evidence is not such that the judgment is clearly wrong and unjust. 3. Best Interest of the Children In Holley v.

Wendy K. Barrigan v. MHMR Services for the Concho Valley, Self Insured

Texas Court of Appeals, 3rd District (Austin) · Jan 4, 2007

20%:________________________________ 10%:________________________________ Barrigan contends that this question improperly placed the burden of proof upon her to establish by a preponderance of the evidence that … Foxcroft was not qualified to testify as an expert witness in orthopedic surgery and that Dr.

Wendy K. Barrigan v. MHMR Services for the Concho Valley, Self Insured

Texas Court of Appeals, 3rd District (Austin) · Jan 4, 2007

20%:________________________________ 10%:________________________________ Barrigan contends that this question improperly placed the burden of proof upon her to establish by a preponderance of the evidence that the proper … reviewing the factual sufficiency of the evidence, we consider and weigh all of the evidence in the record, and we may overturn a judgment only if it is so against the great weight and preponderance of the evidence as to be clearly

McCollough v. McCollough

212 S.W.3d 638 · Texas Court of Appeals, 3rd District (Austin) · Aug 25, 2006

And the legislature authorized such “maintenance” in the context of a well-established legal distinction between court-ordered alimony (which was held to be impermissible) and alimony by agreement (which, even when incorporated … McCOLLOUGH, Paying Party, are intended to qualify as contractual alimony as that term is defined in ... [the Internal Revenue Code]....

Delia A. Bandy v. Paul A. White, D.C. and Nutrition Center, Inc., D/B/A Nutri-West

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

Bandy's favor and found that the appellees had established that the allegedly defamatory statements were true or substantially true and protected by a qualified privilege. … White established his affirmative defenses of truth or substantial truth and of qualified privilege. In addition, she challenges the evidentiary support for the jury's failure to find that Dr.

Sanford Hood v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 15, 1994

In perfecting his bill of exception, appellant established, out of the jury's presence, the request and the execution of the prescription. Dr. … At one extreme, a recording of a statement made by a witness without any questions by the interviewer is clearly discoverable.

Enrique Alvarez v. State

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

Appellant claims immunity from prosecution based on diversity of citizenship. … The judicial branch includes district courts, authorized by the constitution and established by the legislature. See id . art 5, § 1.

Delia A. Bandy v. Paul A. White, D.C. and Nutrition Center, Inc., D/B/A Nutri-West

Texas Court of Appeals, 3rd District (Austin) · Jul 26, 2002

Bandy=s favor and found that the appellees had established that the allegedly defamatory statements were true or substantially true and protected by a qualified privilege. … White established his affirmative defenses of truth or substantial truth and of qualified privilege. In addition, she challenges the evidentiary support for the jury=s failure to find that Dr.

Noah Daniel Montemayor v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2001

The record clearly shows that appellant's testimony was to rebut Eddie's version of the shootings and to advance his self-defense claim. … This is a capital felony case in which the State vigorously sought the death penalty and qualified the jury to return such a verdict.

Noah Daniel Montemayor v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 29, 2001

Eddie had been granted immunity from prosecution. … This is a capital felony case in which the State vigorously sought the death penalty and qualified the jury to return such a verdict.