Case law

TX Far West, Ltd. v. Texas Investments Management, Inc.

127 S.W.3d 295 · Texas Court of Appeals, 3rd District (Austin) · Mar 11, 2004

Appellee also asserts that statements by Kemp, TX Far West’s representative, qualify as judicial admissions and therefore prove the validity of the restrictive covenant as a matter of law. … Finally, even if we were to accept appellee’s argument that Kemp’s statements qualify as judicial admissions, they do not constitute conclusive evidence supporting summary judgment.

Justin Cornell Nickerson v. State

Texas Court of Appeals, 3rd District (Austin) · Jan 10, 1996

The videotape from the hidden camera clearly showed appellant removing the carrier with the four chips from the cabinet. … A nonowner who testifies regarding the value of stolen property must be qualified as to his knowledge of the value of the property and must give testimony explicitly as to the fair market value.

Kevin Tower v. Bank of America, N.A.

Texas Court of Appeals, 3rd District (Austin) · Feb 10, 2015

The loan was more expensive in terms of fees, charges and or interest rates than alternative financing for which Appellants could have qualified. 5. … Clearly the Business Records affidavit with the Deed of Trust and Substitute Trustee's Deed do qualify under this rule.

State v. Kevin Buchanan

572 S.W.3d 746 · Texas Court of Appeals, 3rd District (Austin) · Mar 27, 2019

5 evidence and “can set aside a verdict only if the evidence is so weak or if the finding is so against the great weight and preponderance of the evidence that it is clearly … (where attorney’s-fees jury question included same “if any” qualifying words at case at bar, finding that evidence was factually insufficient to support jury’s finding of zero attorney’s fees and remanding that issue for

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."

James Howard Sanders, II v. State

Texas Court of Appeals, 3rd District (Austin) · Sep 10, 1999

However, a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve. … Whatever the merits of this holding, it clearly does not apply to the cause before us. The district court correctly held that Medford's affidavit was inadmissible under rule 606(b).

The State of Texas Ex Rel Stephanie Newell v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 25, 2025

However, “an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established.” … Here, as we have already explained, it is clearly established that the State is entitled to an instruction on the law of parties whenever it is raised by the evidence and that the legal basis for the district court’s denial

Kenneth Wayne Acy, Jr. v. the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Feb 11, 2022

App. 2016); see Henley, 493 S.W.3d at 83 (“Before a reviewing court may reverse the trial court’s decision, ‘it must find the trial court’s ruling was so clearly wrong as to lie outside the zone within which reasonable … App. 2010) (observing that constitutional right to “meaningful opportunity to present a complete defense” is “qualified by requirement that the evidence be relevant and not excluded by an established evidentiary rule”);

In Re Nance

143 S.W.3d 506 · Texas Court of Appeals, 3rd District (Austin) · Aug 12, 2004

The Nances subsequently brought this original proceeding, contending that the trial court clearly abused its discretion with respect to Ms. Nance’s MHMR records. … Nance’s family members may not be helpful in *514 disclosing information establishing Ms. Nance’s heavy drinking.

in the Matter of M.C.L.

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

We will set aside the verdict only if the evidence is so weak as to be clearly wrong or manifestly unjust or if the finding of a vital fact is so contrary to the great weight and preponderance of the evidence as to be clearly … Rex ADoc@ Lender, a shop supervisor with Travis County TNR Fleet Services, testified for the State but was never qualified as an expert.

Roger Dale Newby v. State

Texas Court of Appeals, 3rd District (Austin) · Feb 8, 2001

A case of beer in a container of the sort used to deliver beer to bars was in the trunk of the car occupied by appellant and the accomplice, although it was never clearly established that beer was taken from the Saloon during … A case of beer in a container of the sort used to deliver beer to bars was in the trunk of the car occupied by appellant and the accomplice, although it was never clearly established that beer was taken from the Saloon during

Curtis H. Cadenhead, Jr. v. Anne E. Robertson

Texas Court of Appeals, 3rd District (Austin) · Oct 26, 1994

Scofield pointed out that the Plan had "elements of a capital account" and was "clearly a distribution of what would have otherwise been included in the capital account." … When a fiduciary relationship exists, "equity indulges the presumption of unfairness and invalidity" and places the burden on the fiduciary to establish the validity of any transaction in which he is involved.

Liberty Mutual Insurance Co. v. Griesing

150 S.W.3d 640 · Texas Court of Appeals, 3rd District (Austin) · Aug 26, 2004

When setting the benchmark rate, the commissioner is clearly allowed to consider factors other than risk-assessment — a reasonable margin for profit, expenses of operations, and any other factor he deems appropriate. … We conclude that article 21.35B of the insurance code does not create a set of charges immune from the commissioner’s rate-setting procedures.

Paula Chavez, Daniel Fagan, and April Chavez, Individually and as Next Friend of D. C., a Minor, M. G., a Minor, and S. C., a Minor And Tommy Chavez v. Silverleaf Resorts, LLC, Formerly Silverleaf Resorts, Inc And Holiday Inn Club Vacation Incorporated, Formerly Orange Lake Country Club, Inc.

Texas Court of Appeals, 3rd District (Austin) · Apr 3, 2024

When the injured person qualifies as an invitee, as the Chavezes claim they do, then as a general rule the landowner owes a “duty to make safe or warn against any concealed, unreasonably dangerous conditions of which the … Significantly, paragraph 15 of the Bonus Time Rules clearly contemplates that the Timeshare Owners can invite others to the Resort by including a provision permitting “day usage of amenities” for up to ten people.

the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission

Texas Court of Appeals, 3rd District (Austin) · Mar 30, 2015

(no immunity when the claim alleges “facts demonstrating that the agency’s action is … ultra vires of the agency’s authority”). … Heinrich, 284 S.W.3d 366, 372 & 376 (Tex. 2009) (immunity does not bar relief that effectively compels future payments consistent with law).

Thomas Krausz v. State

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

Appellant asserts that the testimony of these two offers was insufficient to establish that the plastic bottle was a device designed, made, or adapted to muffle the report of a firearm. … Appellant alleges that Officer Chopin and Detective Smith were not qualified to express an expert opinion regarding the ultimate issue of the case.

Edward Fultz v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 13, 2005

The prosecutor then qualified his definition by providing two examples of a "serious" offense: driving while intoxicated, which in fact is a class B misdemeanor, see Tex. Pen. … The trial court's ruling was not clearly erroneous. See id . The judgment of conviction is affirmed. __________________________________________Bob Pemberton, Justice Before Justices B. A.

in the Matter of B. P. S.

Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2008

The predicate for admission of a business record may be established by an affidavit that complies with Rule 902(10). Id. … Whether an object qualifies as a deadly weapon depends upon the evidence presented. See Thomas v. State, 821 S.W.2d 616, 620 (Tex. Crim. App. 1991).

in the Interest of L. M. M. and S. D. M.

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2005

"Under traditional factual sufficiency standards, a court determines if a finding is so against the great weight and preponderance of the evidence that it is manifestly unjust, shocks the conscience, or clearly demonstrates … --Dallas 2002, pet. ref'd) (emphasis added) (statute's immunity does not extend beyond act of reporting abuse, assisting in the investigation of abuse, or testifying in a child abuse trial).

Edward Fultz v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 13, 2005

The prosecutor then qualified his definition by providing two examples of a “serious” offense: driving 6 while intoxicated, which in fact is a class B misdemeanor, see … The trial court’s ruling was not clearly erroneous. See id.