Case law

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.

Glenn Hegar, in His Official Capacity as Texas Comptroller, and Ken Paxton, in His Official Capacity as Texas Attorney General v. Texas Small Tobacco Coalition and Global Tobacco, Inc.

Texas Court of Appeals, 3rd District (Austin) · Aug 15, 2014

Stephens, 103 S.W. 481, 485 (Tex. 1907) (“The courts, under the provisions relied on, can only interfere when it is made clearly to appear that an attempted classification has no reasonable basis in the nature of the businesses … Due to the differences between the tax in question here and the escrow system established by the majority of the states, a finding that subchapter V is unconstitutional casts no shadow on the “judgment of fifty[-]four other

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).

Hibernia Energy LLC And Ryan, LLC, as Assignee// Cross Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross Hibernia Energy LLC And Ryan, LLC, as Assignee

Texas Court of Appeals, 3rd District (Austin) · Apr 21, 2023

We also note the established rule that conclusions of law, questions of statutory construction, and the trial court’s jurisdiction are reviewed de novo. See Lockheed Martin Corp. v. … Section 112.151 of the Tax Code expressly waives the Comptroller’s governmental immunity to allow a tax-refund suit by a person who has (1) filed a tax-refund claim under Section 111.104 and (2) filed an MFR as provided

Occidental Permian Ltd. v. Railroad Commission of Texas

Texas Court of Appeals, 3rd District (Austin) · May 31, 2001

The Commission has established a procedure to obtain the favorable tax rate. See 16 Tex. Admin. … Testimony established in those cases that significantly increasing the amount of injected CO 2 in a [water alternating with CO 2 ] process above the original plan can qualify as an expansion of a tertiary recovery process

Texas Bankers Ass'n v. Association of Community Organizations for Reform Now (ACORN)

303 S.W.3d 404 · Texas Court of Appeals, 3rd District (Austin) · Jan 8, 2010

Current Rule 153.22 is clearly consistent with the plain language of the constitution as it is currently written. … ACORN does, however, concede in its reply brief that true "discount points,” charged by the lender in exchange for a lower interest rate, should qualify as interest.

Alexander Tan and Lan Ly Tan v. Antonio Di Napoli and Maya Di Napoli

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2012

We set aside the finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex. 1986). … In addition, the jury could reasonably have determined that many of the expenses sought to be recovered did not qualify as improvements or add any value to the home—such as repairs, regular maintenance items, and the thousands

Alexander Tan and Lan Ly Tan v. Antonio Di Napoli and Maya Di Napoli

Texas Court of Appeals, 3rd District (Austin) · Oct 19, 2012

We will sustain such a legal-sufficiency challenge only if the contrary proposition was conclusively established. Id. … We set aside the finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Pool v. Ford Motor Co. , 715 S.W.2d 629, 635 (Tex. 1986).

in Re Chris Elliott

Texas Court of Appeals, 3rd District (Austin) · Oct 7, 2016

speakers.12 And the TCPA did not diminish this preexisting First Amendment protection for anonymous speech, nor could have, but instead explicitly disclaimed any intent to “abrogate or lessen any other defense, remedy, immunity … May 20, 2016) (per curiam) (holding that “trial court clearly abused its discretion by ordering Rule 202 depositions” to “investigate unripe claims” given that a lawsuit asserting such claims, if filed, would have been dismissed

Gracy Woods I Nursing Home v. Martha Mahan, as the Representative of the Estate of Mary Rivera

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

“What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify the expert to give an … qualified).

Alice Byrd v. Nationstar Mortgage, LLC

Texas Court of Appeals, 3rd District (Austin) · Nov 26, 2025

reduction, by the doctrines of res judicata; ratification; contributory negligence; recoupment; waiver; estoppel; payment; release; ‘unclean hands;’ failure to mitigate damages; statute of frauds; statutory protection and immunities … “Language stating that the loan would be accelerated is inconsistent with an earlier notice of acceleration and clearly establishes the noteholder’s abandonment of the earlier acceleration because, if the noteholder intended

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · May 8, 2015

The immunity granted by this subsection is absolute and unqualified. … A–90–CA– However, the record clearly demonstrates that both Students 764 (W.D.Tex.

Steven Ray Cline v. State

Texas Court of Appeals, 3rd District (Austin) · Mar 26, 2008

considerations or form of words” are necessary and that all 5 that is required is to “let the trial judge know what he wants, why he thinks himself entitled to it, and to do so clearly … Both Woods, as the custodian of records, and Bassy, as the witness who performed the test, were qualified to testify to the authenticated records. Tex. R.

Ramon Garza Jr. v. State

Texas Court of Appeals, 3rd District (Austin) · Jul 24, 2008

The system established by SB 14 was to be implemented in three phases. … Such an interpretation would lead to the conclusion that TDI could simply refuse to hold administrative hearings and then issue an order that would be immune from judicial review, a result that could hardly be contemplated

Edwin E. Merendino, Donna Merendino, Richard White, Clara White, Wallace McCarty, Mary McCarty, and Eagle Peak Ranch Water Supply Corporation v. Rhonda N. Dooley

Texas Court of Appeals, 3rd District (Austin) · Apr 22, 2004

Discussion Summary judgment is appropriate when it clearly appears that only a question of law is involved in the decision and there is no genuine fact issue. Rhone-Poulenc, Inc. v. … Arce , 997 S.W.2d 229, 236 (Tex. 1999) (expert affidavit must have reasoned basis which the expert, because of his knowledge, skill, experience, training, or education, is qualified to state).

City of Austin v. City of Cedar Park

953 S.W.2d 424 · Texas Court of Appeals, 3rd District (Austin) · Aug 14, 1997

The Code also establishes procedures to be followed when an existing municipality’s ETJ is reduced or expanded. … The purpose of a declaratory action is to establish existing rights, status, or other legal relation. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex.1995); Republic Ins. Co. v.

Buddy Gregg Motor Homes, Inc. v. Marathon Coach, Inc. Brett Bray L. David Brunke And Motor Vehicle Division of the Texas Department of Transportation

Texas Court of Appeals, 3rd District (Austin) · Sep 10, 2010

or 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

Willie Roy Revels, Individually and as Next Friend of Brandon Revels, Bradley Revels, Breon Revels And Rev. Billy and Neldon Lindley v. Novartis Pharmaceuticals Corporation F/K/A Sandoz Pharmaceuticals Corporation St. David's Health Care System, Inc. D/B/A St. David's Medical Center And Mary Gasal, M.D.

Texas Court of Appeals, 3rd District (Austin) · Aug 26, 1999

She also found evidence of cardiohypertrophy, which is a thickening of the heart muscle, and of sarcoidosis, which is an immune disorder characterized by granulomas in the body's organs. … While the case reports illustrate an association between adverse drug experiences and Parlodel, the supreme court has clearly warned that such an association does not equate to causation.

Ray Anthony Scott v. State

968 S.W.2d 574 · Texas Court of Appeals, 3rd District (Austin) · May 7, 1998

Karen Taylor, who was employed by the Texas Department of Public Safety, was qualified as an expert witness. She testified she interviewed Brown and with his guidance drew a picture of Nickel’s assailant. … In circumstances where it is clear that the fingerprints were not necessarily made at the time the offense was committed, fingerprint comparison alone is not sufficient to establish the identity of the accused.