Case law
Opinions from 1658 to today.
2,255 results
1.20s
Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2000
Sovereign Immunity Generally, sovereign immunity, unless waived, protects the State, its agencies, and its officials from lawsuits for damages, absent legislative consent to sue the State. See Federal Sign v. Texas S. … We hold that sovereign immunity does not bar Mount Olivet's suit for declaratory relief. B.
Cited 0 timesPublishedM. D. Thomson and Austin Banister Joint Venture v. Espey Huston & Associates, Inc.
Texas Court of Appeals, 3rd District (Austin) · May 24, 1995
We believe that an action for negligence in the performance of engineering services qualifies for application of the discovery rule. … Indeed, B & C Construction reaffirms the "clearly apparent" standard later in the same paragraph.
Cited 0 timesPublishedC. S. S.// A.S. v. A. S.// Cross-Appellee, C. S. S.
Texas Court of Appeals, 3rd District (Austin) · Sep 12, 2024
“Meeting this burden requires tracing and clearly identifying the property in question as separate by clear and convincing evidence.” Id.; see Tex. Fam. … denied)); see Bean, 658 S.W.3d at 416 (describing “burden of tracing” to establish separate property).
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 1, 2001
is so weak as to make the judgment clearly wrong and manifestly unjust. … as to be clearly wrong and manifestly unjust.
Cited 0 timesPublishedTexas Health and Human Services Commission v. Linda Puglisi
Texas Court of Appeals, 3rd District (Austin) · Aug 19, 2015
Clearly, HHSC’s only authority is to grant Medicaid prior authorization for the recommended wheelchair. … Qualified Medicare Beneficiaries (QMB) are not eligible for Medicaid benefits.
Cited 0 timesPublishedHoward Thomas Douglas v. State
Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2015
A: That could be true, but with a qualifier. There are other people who assist me, too, that are not funded by Texas Mutual. … result and the conduct of the actor was clearly insufficient.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 1, 2001
is so weak as to make the judgment clearly wrong and manifestly unjust. … as to be clearly wrong and manifestly unjust.
Cited 0 timesPublishedKevin Tarr v. Lantana Southwest Homeowners' Association, Inc.
Texas Court of Appeals, 3rd District (Austin) · May 19, 2015
that the renters are qualified individuals afforded protections under the Acts. … This is a judicial admission establishing the required element.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 14, 2008
To qualify as one for whose benefit a contract was made, the third party must benefit more than incidentally; he must be either a donee or creditor beneficiary. MCI Telecomms. … Nor did the City establish that the District’s suit is barred by laches.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 6, 1999
Here, the objection was that Story was not qualified as an expert to answer questions about various chemicals present in gunpowder. … In stating that Story could answer the question if he knew, the trial court implicitly overruled appellant's objection that he was not qualified to answer the question.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Nov 14, 2008
To qualify as one for whose benefit a contract was made, the third party must benefit more than incidentally; he must be either a donee or creditor beneficiary. MCI Telecomms. Corp. , 995 S.W.2d at 651 . … Nor did the City establish that the District's suit is barred by laches.
Cited 0 timesPublishedHelen F. Castellow v. Swiftex Manufacturing Corporation, Individually and D/B/A Swiftex, Inc.
Texas Court of Appeals, 3rd District (Austin) · Dec 7, 2000
Castellow clearly states her issue on appeal and concisely argues that the waiver is unenforceable as a matter of public policy. This is sufficient to preserve this issue for our review. See id . at 725. … Castellow also contends that the waiver she signed provides Swiftex more immunity from liability than that granted by the Act.
Cited 0 timesPublishedReliable Consultants, Inc. v. Jaquez
25 S.W.3d 336 · Texas Court of Appeals, 3rd District (Austin) · Jul 27, 2000
the finding is so weak as to make the judgment clearly wrong and manifestly unjust. … The evidence firmly establishes that Dreamers’ failure to exercise reasonable care to reduce or eliminate the risk was a cause in fact of Jaquez’s injuries.
Cited 67 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 27, 2015
. ….Plaintiffs have intentionally not plead for monetary damages, such as lost profits or loss of business opportunity, because it would invoke sovereign immunity.” C.R. 244 para. 21. … The expiration of the contracts alone qualifies as mooting the case.
Cited 0 timesPublishedCity of Waco v. Texas Commission on Environmental Quality
Texas Court of Appeals, 3rd District (Austin) · Jun 17, 2011
An interest common to members of the general public does not qualify as a personal justiciable interest."), .203(a) (West 2011) (Texas Comm'n Envtl. Quality, Determination of Affected Person) (same). … is no right to judicial review, unless and until the Legislature has waived that immunity by conferring a right of judicial review.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Dec 22, 2010
the trial court abused its discretion in admitting (a) Banda’s medical bills, given the otherwise legally insufficient evidence of causation, (b) medical records purporting to be expert opinion testimony without first qualifying … Accordingly, the court of appeals may not pass upon the witnesses’ credibility or substitute its judgment for that of the jury, even if the evidence would clearly support a different result.”
Cited 0 timesPublishedNGL Water Solutions Eagle Ford, LLC v. Railroad Commission of Texas and Blue Water Disposal
Texas Court of Appeals, 3rd District (Austin) · Nov 27, 2019
from claims challenging its orders and NGL has failed to identify any other statute that would waive sovereign immunity for these claims. … (accepting agency’s unchallenged findings as established on appeal).
Cited 0 timesPublishedTexas Department of Transportation v. Atanasio Banda
Texas Court of Appeals, 3rd District (Austin) · Dec 22, 2010
) the trial court abused its discretion in admitting (a) Banda's medical bills, given the otherwise legally insufficient evidence of causation, (b) medical records purporting to be expert opinion testimony without first qualifying … (lay testimony sufficient to establish causation for damages from injuries arising after collision with bus).
Cited 0 timesPublishedCity of Waco v. Texas Commission on Environmental Quality
Texas Court of Appeals, 3rd District (Austin) · Jun 17, 2011
is no right to judicial review, unless and until the Legislature has waived that immunity by conferring a right of judicial review. … —Austin 2000, pet. dism’d). 56 or clearly unwarranted exercise of discretion,” see Tex.
Cited 0 timesPublishedCalhoun County Independent School District v. Meno
902 S.W.2d 748 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995
Legislative intent to immunize the school-finance system from future tax-abatement agreements was reiterated in section 36.008 of the Education Code, which requires the Commissioner of Education to determine the district … This modification would clearly increase the total dollar amount of Calhoun County ISD’s existing agreements with Formosa by lengthening the time that Calhoun County ISD’s taxable value was reduced, effectively taking millions
Cited 9 timesPublished
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