Case law

S. R. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2021

“[A] parent’s use of narcotics and its effect on his or her ability to parent may qualify as an endangering course of conduct.” … However, we cited L.C.L. under a “but see” signal, meaning our sister court’s opinion “clearly supports a proposition contrary to the main proposition.”

Buddy Gregg Motor Homes, Inc. v. Marathon Coach, Inc.

320 S.W.3d 912 · Texas Court of Appeals, 3rd District (Austin) · Sep 10, 2010

judicial consequences of their acts” or so authorized, licensed, or immunized Marathon. … error of law; (5) are not reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (6) are arbitrary or capricious or characterized by abuse of discretion or clearly

John L. Taylor v. State of Texas

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2009

promissory notes, (2) the promissory notes do not prove that the loans were ever actually disbursed, and (3) the State's payment history document shows that some interest was paid on the loans, but the judgment does not clearly … Service by certified mail, which is how the State served Taylor, qualifies as personal service. See Tex. R. Civ. P. 106(a)(2); Devine v. Duree , 616 S.W.2d 439, 441 (Tex. Civ. App.--Fort Worth 1981, writ dism'd by agr.).

Georgeine Mike Korompay v. Deutsche Bank National Trust Company as Trustee for Carrington Mortgage Loan Trust Series 2005-NC3 Asset Backed Pass Through Certificates

Texas Court of Appeals, 3rd District (Austin) · Jan 12, 2015

part— (3) Qualified mortgage The term “qualified mortgage” means— (A) any obligation (including any participation or certificate of beneficial ownership therein) which is … Such a construction would clearly be contrary to the intent of Congress. The five-year category was meant to limit the four permissible categories and not to expand them.

City of Austin, Jim Everett, Raymond Sanders and Freddie Maxwell v. Earl J. Gifford

Texas Court of Appeals, 3rd District (Austin) · Feb 5, 1992

In fact, say appellants, the evidence shows that Gifford's award is clearly excessive. … The court held that to the extent its ruling in Hamilton conflicted with the rule established in Clanton v.

Preston J. Chandler, Jr. and Preston J. Chandler, Jr., a Professional Association v. Jorge A. Gutierrez, P.C., as Special Deputy Receiver for Empire Casualty Company, in Receivership, and J. Robert Hunter, Commissioner of the Texas Department of Insurance, in His Capacity of Permanent Ancillary Receiver for Empire Casualty Company, I

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 1995

In its entirety, article 21.28 establishes procedures for the closing of receivership proceedings. … Chandler asserts that the time-bar provision is clearly designed to penalize those who "slumber on their rights."

Justin Ryan McCarthy v. State

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2009

Costley, 868 S.W.2d 298, 298-99 (Tex. 1993) (per curiam).1 1 Service by certified mail, which is how the State served Taylor, qualifies as personal service. See Tex. R. Civ. P. 106(a)(2); Devine v. … promissory notes, (2) the promissory notes do not prove that the loans were ever actually disbursed, and (3) the State’s payment history document shows that some interest was paid on the loans, but the judgment does not clearly

Moran v. State

171 S.W.3d 382 · Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2005

State, 778 S.W.2d 70, 76 (Tex.Crim.App.1989) (purpose of Edwards to establish rule immune from vagaries that invariably accompany diverse factual encounters). … Importantly, Guzman’s comment is consistent with well established interrogation techniques.

Texas Department of Public Safety v. Willie Ersell McCulloch

Texas Court of Appeals, 3rd District (Austin) · Aug 12, 1999

State , in which the Court of Criminal Appeals held that an intoxilyzer result can be excluded as hearsay if the record lacks proof of the result of the test by a witness or witnesses qualified to translate and interpret … At this point, we believe that the acceptability of the underlying scientific theory of the relationship of breath-alcohol levels to blood-alcohol levels to intoxication is sufficiently established to absolve the State of

TXU Generation Co. v. Public Utility Commission

165 S.W.3d 821 · Texas Court of Appeals, 3rd District (Austin) · May 19, 2005

Indeed, some of the specific examples of market power abuses listed in the statute are clearly possible in the wholesale bilateral contracts market. … "On or before June 30, 2001, the commission shall modify its current rules regarding customer protections to ensure that at least the same level of customer protection against potential abuses and the same qualify of service

Gilbert Cavazos v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 5, 1996

He further stated that appellant was "sniper qualified" and that the victim was about 50 yards away when the shot was fired from his .270 Winchester rifle with a four power scope. … First, the lesser included offense must be included within the proof necessary to establish the offense charged.

Coastal Habitat Alliance v. Public Utility Commission

294 S.W.3d 276 · Texas Court of Appeals, 3rd District (Austin) · Jul 8, 2009

This Court's decision in West followed the general rule established by the supreme court in Mega Child Care and Texas Natural Resource Conservation Commission v. … unlike the UDJA, expressly provides that a court "shall reverse or remand" an agency order that prejudices substantial rights if the agency order is "arbitrary or capricious or characterized by an abuse of discretion or clearly

Wallace Roofing, Inc. and Royce Dean Wallace v. Linda Benson

Texas Court of Appeals, 3rd District (Austin) · Nov 27, 2013

It is not necessary to show that an injury was foreseeable to establish producing cause. … —Tyler 1966, no writ) (burden of proof on party seeking to establish agency).

Vic A. Gardner v. Greg Abbott, Attorney General of Texas The State of Texas And Glenn Elliott, Individually

Texas Court of Appeals, 3rd District (Austin) · Jul 18, 2013

We hold that two well-established summary-judgment principles are fatal to Gardner’s argument. … The State asserts that Gardner must show something more than conduct that would minimally qualify as a hostile work environment, but Gardner’s counsel asserted at oral argument that it is sufficient if a fact question

Darlene Balas, as Next Friend of C. L. H., A. E. H. and L. P. H. v. Smithkline Beecham Corporation A/K/A Glaxosmithkline

Texas Court of Appeals, 3rd District (Austin) · Jun 18, 2009

As an intermediate court of appeals, however, we must follow established law. See Trammel's , 80 S.W.3d at 585 . We have no authority to modify or abrogate established precedent. See id . … Even assuming that the children were equitably adopted by Balas, we will not depart from established case law rejecting the equitable-adoption theory and holding that only biological and legally-adopted children qualify as

Fierro v. State

969 S.W.2d 51 · 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.

Derrick Wayne McDonald v. State

Texas Court of Appeals, 3rd District (Austin) · Jun 18, 2009

We have no authority to modify or abrogate established precedent. See id. … only biological and legally-adopted children qualify as “children” under the Act.

Wesley Dean DeShon v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2002

Finally, the State failed to prove pecuniary loss based on fair market value or that fair market value could not be established. … The non-accomplice evidence does not have to directly link appellant to the crime nor does it alone have to establish appellant’s guilt beyond a reasonable doubt; rather, the non-accomplice evidence merely has to connect

Wesley Dean DeShon v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 14, 2002

Finally, the State failed to prove pecuniary loss based on fair market value or that fair market value could not be established. … The non-accomplice evidence does not have to directly link appellant to the crime nor does it alone have to establish appellant's guilt beyond a reasonable doubt; rather, the non-accomplice evidence merely has to connect

Joon S. Lee, M.D. v. Texas Workers' Compensation Commission and Rod Bordelon

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.”