Case law

Capital Metropolitan Transportation Authority v. Pat Bartel

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 1999

However, knowledge of the danger can be established by circumstantial evidence. See Simons , 921 S.W.2d at 528 n.2. … However, knowledge of the danger can be established by circumstantial evidence. See Simons , 921 S.W.2d at 528 n.2.

Jose Guadalupe Posada v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001

Ruiz and Gomez testified as accomplice witnesses after a grant of testimonial immunity. … The evidence clearly supports this concession. A reiteration of the facts is not needed.

Power Clearinghouse, Inc. v. Public Utility Commission of Texas, City of Austin, and Texas Utilities Electric Company

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 1998

PCI maintains that the Utilities Code clearly and unambiguously gives submetering landlords the status of wholesale customers. The term "wholesale" is not defined in the Utilities Code. … In City of Palm Springs , 76 FERC 61,127 (1996), the Federal Energy Regulatory Commission concluded that, for federal purposes, the delivery of power through submeters is not sufficient to establish a wholesale transaction

Texas Parks & Wildlife Department v. Milburn Dearing Kenneth Head And Mike Warren, Individually, and on Behalf of All Others Similarly Situated

Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2004

The statute clearly hinges the running of the limitations period on the date of the "unlawful employment action." See Tex. Lab. Code Ann. § 21.202 . … Subsection (a), which establishes disparate-impact claims, glaringly omits employment practices based on age discrimination.

Luminant Energy Company LLC v. Public Utility Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · Mar 17, 2023

waiver of governmental immunity. … A threshold question is whether the authority granted by Section 39.151 qualifies, or is qualified by, the limitations imposed by 39.001.

Juan Enriquez v. Rissie Owens, Individually, and in Her Official Capacity as Chairman, Texas Board of Pardons and Paroles

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

Owens stated in her motion that she was entitled to judgment as a matter of law for six reasons: (1) Enriquez had not overcome Owens's entitlement to official, qualified, and Eleventh Amendment immunities; (2) Enriquez had … We need not reach Enriquez's contentions regarding Exhibits C and D because even if they were excluded, Exhibit A, like Exhibit B, establishes that Enriquez has not been treated differently from others who are similarly situated

Sterling Truck Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 1, 2008

other error of law; (E) not reasonably supported by substantial evidence considering the reliable 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).

Debra Jean Avila v. Alfredo Miguel Avila

Texas Court of Appeals, 3rd District (Austin) · Oct 20, 2006

I need to get established for myself so that I can support myself and my children. … Many of Debbie's emails to Peter were admitted into evidence and clearly establish the romantic nature of their relationship. 2.

Sterling Truck Corporation and Ford Motor Company v. Motor Vehicle Board of the Texas Department of Transportation and Metro Ford Truck Sales, Inc.

Texas Court of Appeals, 3rd District (Austin) · May 1, 2008

As we discuss in our contemporaneous opinion in Metro I, the Board in 1998 concluded that “Ford has established good cause for the termination of Metro’s franchise agreements.” … 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.

Mark Groba v. the City of Taylor, Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 3, 2021

The evidence in the record establishes that a copy of this order was hand delivered to Groba on February 22, 2013. … (holding that judgment is final if it “actually disposes of every pending claim and party” or “it clearly and unequivocally states that it finally disposes of all claims and all parties”).

Williamson Pointe Venture John K. Condon, Trustee And John K. Condon as Trustee of the Sean and Candice Condon Family Trust and of the Tiffany, Chase and Hunter Coleman Family Trust v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Nov 22, 1995

effect such a change, must have clearly so stated. … If zoning established a date of entitlement for compliance with regulations, the legislature would have created pockets of land which are immune from future regulatory protection.

Harvey Galan Fierro v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 9, 1998

The State suggests we conclude that some portions of the tape were not played to the jury, and that Fierro cannot establish harm because he cannot establish exactly which portions of the tape the jury viewed. … This contention contradicts the above well-established precedent.

the City of Austin, Texas v. Sayeed Anam, Individually and as Independent Administrator of the Estate of Zachary Anam, and Cara Anam, Individually

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

To establish a waiver of immunity, the Anams must establish that their son’s death “arose from” Wall’s failure to fasten Anam’s seatbelt and that failure to fasten the seatbelt constituted operation or use of a motor vehicle … Less than three minutes after the car began moving, the video shows the lap belt of Zachary’s seatbelt clearly unbuckled and the holster at Zachary’s waist.

Ancira Enterprises, Inc. v. Fischer

178 S.W.3d 82 · Texas Court of Appeals, 3rd District (Austin) · Jun 16, 2005

We set aside a finding for factual insufficiency only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986) (per curiam). … Tackett’s testimony establishes only that it is possible that Ancira GMC could have met the TCHRA number-of-employees threshold at the time of trial.

Debra Jean Avila v. Alfredo Miguel Avila

Texas Court of Appeals, 3rd District (Austin) · Oct 20, 2006

Mike further testified that he planned to stay in San Angelo 1 Many of Debbie’s emails to Peter were admitted into evidence and clearly establish the romantic nature of their relationship. … I qualify for quite a bit of financial aid. My schooling will be paid for. That will help with living expense[s] and then, if necessary, a part-time job, and then also child support.”

Wood v. State

299 S.W.3d 200 · Texas Court of Appeals, 3rd District (Austin) · Nov 2, 2009

Bodily injury assault is included within the alleged offense because it is established by proof of the same or less than all the facts required to establish the commission of the alleged offense and because it differs from … This was clearly the trial court's understanding of the State's intent, and this understanding was confirmed by the prosecutor after appellant's objection was made.

Carol Ann Reid Smith, Individually and as Personal Representative of the Estate of Theodore R. Reid v. Sidney E. Lanier, Independent of the Estate of Wylma E. Reid

Texas Court of Appeals, 3rd District (Austin) · Jul 29, 1999

Reid acted as a trustee over the community until such time as a qualified administrator (Lanier) was appointed. See Tex. Prob. … "Comity" is a principle under which the courts of one state give effect to the laws of another state or extend immunity to a sister sovereign not as a rule of law, but rather out of deference or respect. Hawsey v.

USA Waste Services of Houston, Inc. v. Strayhorn

150 S.W.3d 491 · Texas Court of Appeals, 3rd District (Austin) · Mar 18, 2004

Accordingly, the claimant has the burden of clearly demonstrating that it is entitled to the exemption. Strayhorn v. Raytheon E-Systems, Inc., 101 S.W.3d 558, 565 (Tex.App. … The Comptroller counters that USA does not qualify for the exemption because ordering steam cleaning to clean up a spill *496 that USA causes is not essential to the performance of USA’s waste removal service.

Hartwin R. Peterson, D.C. v. the Texas Board of Chiropractic Examiners

Texas Court of Appeals, 3rd District (Austin) · Jun 25, 1998

DISCUSSION It is well established that an agency's final order, like the final judgment of a court of law, is ordinarily immune from collateral attack. See Alamo Express, Inc. v. … However, as will be discussed, the incorporation by reference of the staff's complaint in its entirety clearly informed Peterson that the Board was seeking revocation and not merely an administrative penalty. 8.

in the Matter of M.C.L.

Texas Court of Appeals, 3rd District (Austin) · Jun 19, 2003

Rex "Doc" Lender, a shop supervisor with Travis County TNR Fleet Services, testified for the State but was never qualified as an expert. … the evidence as to be clearly wrong.