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Neither this Court’s rules nor longstanding equitable principles tolerate this sort of gamesmanship. A litigant may not bypass the ordinary judicial process and seek relief initially in this court absent a “compelling reason” to do so. Tex. R. App. P. 52.3(e). An imminent deadline in the election context cannot serve a...
Party Submissions
9.600545
10.189792
10.466414
If this court were to conclude Sonic was entitled to recover reimbursement under the circumstances of this case, we must conclude that Sonic's rights as a subclaimant [**5] survived Cochran's rights as a claimant. Sonic's argument proposes that this conclusion is evidenced in the plain language of the provisions, but c...
Party Submissions
8.854478
8.957616
9.313655
Components that contribute to the value of Oncor’s property in Wilbarger County include the size and length of its electrical lines and their voltages. Even if the previous owner made a mistake about the individual characteristics of its transmission lines in Wilbarger County, its mistake would be one of value since th...
Party Submissions
8.487876
9.911081
8.794939
ELI: http://data.europa.eu/eli/reg_impl/2024/432/oj 1/4 (4) The Income Tax Act, as amended by the Budget Implementation Act, 2023, No 1, applies provisions of the Organisation for Economic Cooperation and Development (OECD) 2020 Model Rules for Reporting by Platform Operators with respect to Sellers in the Sharing and ...
Legislation
9.322319
9.711471
9.409625
Commenting on Oncor’s argument on the point, the court in Wilbarger held: The problem with this argument is that the legislature has expressly stated otherwise.
Party Submissions
17.454462
24.693825
22.3712
The J.J. Johns Trust owns a non-participating royalty interest under a tract covered by four “Tract 4/14” Leases: three from Bordages owners (Leases H, I, and K) and a fourth from the Hooks interests (Lease J). The severance put all of that trust’s Tract 4 interests into Bordages. See Bordages Oral Argument Exhibit 6. ...
Party Submissions
16.101864
17.214392
18.455389
IN WITNESS WHEREOF, the Company has caused this Plan to be executed by its duly authorized officers on this 7th day of November, 2023.
Contract
2.937335
4.003196
4.402823
In May, the district court held a hearing on the plea to the jurisdiction. At the end of [*9] the hearing, the district court issued an order overruling the plea to the jurisdiction. The Martinez Family then filed its original proceeding in this Court, arguing that the district court abused its discretion because it ha...
Party Submissions
3.914248
4.517748
4.395641
Respondent adopts Petitioner’s Statement of Jurisdiction, save that Respondent does not concede that the appeal presents an important question of law or that failing to resolve the dispute will have any wide-ranging effect.
Party Submissions
10.938396
10.676979
12.493083
Furthermore, nothing in the majority's decision today “materially advance[s] the ultimate termination of the litigation.” To the contrary, the majority concludes that neither side “conclusively proved its case with regard to the exclusive-remedy defense,” leaving the question to be decided by a jury and remanded the ca...
Party Submissions
9.31099
10.295435
11.301984
The parties’ intent is to be construed from the text. That this provision imposes compounded Late Charges is evident from the words.
Party Submissions
33.472454
40.998325
44.36752
For 2023 and each year of employment thereafter, Executive shall receive a grant of at least $2,500,000 annually, or higher at the Board’s discretion.
Contract
8.613704
8.624916
9.931394
AA CHILD WATER SAFETY REQUIREMENTS FOR CERTAIN ORGANIZATIONS. (a) In this section: (1) AA "Body of water" means an artificial or natural body of water, including a swimming pool, lake, or river, typically used for recreational swimming, bathing, or play. The term does not include a wading pool.
Party Submissions
5.551442
5.280877
5.859518
By contrast, the court of appeals here reasoned that because the termination clause did not expressly except prior breaches, past-due obligations were terminated. (Slip Op. at 16.) But that holding conflicts with this Court’s holding that a breach-of-contract claim accrues when the contract is breached. Cosgrove, 468 S...
Party Submissions
6.111689
6.293786
6.279842
McCarthy Subcontract -10-01-12-2017 Rev. 5.6.2 Claims Made Requirements. If Professional Liability/Errors and Omissions coverage is written on a Claims Made basis, the Certificate of Insurance will clearly so state. In addition to the coverage specifications listed above, such policy shall provide, and the Certificate ...
Party Submissions
10.098434
9.264741
10.658172
Rafiei’s case is more analogous to AOF Servs., LLC v. Santorsola. No. 13-14-00641-CV, 2016 Tex. App. LEXIS 2975, at *7-8 (Tex. App. — Corpus Christi Mar. 24, 2016). In that case, an individual entered into an arbitration agreement with a company which contained a fee-splitting provision. When the individual later filed...
Party Submissions
4.353004
4.832874
4.720268
Delaware courts thus use the phrase economic reality: “The trend in this Court has been to award compound interest because it better comports with ‘fundamental economic reality.’” Henke v. Trilithic Inc., No. CIV.A. 13155, 2005 WL 2899677, at *13 (Del. Ch. Oct. 28, 2005) (quoting Finkelstein v. Liberty Digital, Inc ., ...
Party Submissions
5.786127
5.966487
5.82927
Any and all documents representing the objection discussed as item 5 “ JKP Gradsko-saobraćajno preduzeće "Belgrade", Belgrade, 29 Kneginje Ljubice Str. (case file IX-03 No. 350.12-308/2014 as of 22/12/2014) ” at the 74th session of the Planning Committee of the Belgrade City Assembly, held on 18 June 2015, and referr...
Legal Decisions
20.13634
19.016745
16.531494
TEX. LAB. CODE ANN. § 408.001(a); see Henry v. Dillard Dep't Stores, Inc., 70 S.W.3d 808, 809 (Tex.
Party Submissions
3.193718
4.709157
3.936639
This Court should deny the mandamus petition for all the reasons explained above. But even if the Court were to consider the petition, the appropriate remedy, at most, is an opportunity for Justice Devine to cure the alleged signature defects. A. This Court’s precedents require providing Justice Devine an On mandamus, ...
Party Submissions
13.984695
12.310846
15.382769
We conclude that no live controversy exists based on Ga lovelho’s claims f or injunctive relief. It sought through these claims to be free of the limitations placed by the Emergency Orders; it has been freed by the rescission and expiration of those orders. We conclude the trial court correctly determined that Ga lovel...
Party Submissions
15.06725
18.433506
21.953672
In any event, this Court has said more than once that analysis of expert reports must be confined to the reports’ four corners. Palacios, 46 S.W.3d at 878; Wright, 79 S.W.3d at 52. Consequently, the Walkers’ attempt to read more into Dr. Null’s report than he actually stated should be rejected.
Party Submissions
8.626308
10.364612
9.88349
Having overruled each of Grant’s issues on appeal, we affirm the judgment of the trial court ordering partition and the order requiring Grant to pay costs.
Party Submissions
12.009193
19.84321
25.23186
To require the Comptroller General of the United States to conduct a study on the impacts of seasonal and nonresident homeownership on data collected by the Bureau of the Census, and for other purposes.
Legislation
5.408366
5.419417
5.205791
Barina’s attempt to distinguish Johnson v. Phillips, and to argue that it supports her rather than Petitioners, is likewise meritless. Johnson supports Petitioners’ argument that the Program contained opinion because a reasonable viewer, like a reasonable reader of the book at issue in Johnson, would understand it to b...
Party Submissions
6.685098
6.648706
7.064654
Our vessels are ready for their voyage to SVALBARD zone in order to catch Snow crab. Our vessels all have appropriate Certificates and Licenses.
Legal Decisions
41.62979
32.72115
41.8884
Russian sector of the Loop Hole. At that stage, for the reasons already given, any investment represented by the two vessels would not have been an investment in the territory of Norway. Thereafter, if it was intended that they would take crab off Svalbard, then this would not have been an investment in accordance with...
Legal Decisions
17.55101
17.308039
23.112072
This same analysis applies here. Petitioners’ claim is that the City failed to remedy an unreasonably dangerous condition (over 112 inadequately monitored children at a public po0l) and failed to promptly react once one of its employees became subjectively aware that the Mandatory Safety Policy was violated. CR34; CR13...
Party Submissions
11.620245
11.006717
11.829116
First, Barina repeats the legally unfounded premise of her defamation claim— that Petitioners “endorsed” allegations made by Ross and Martinez in the Program (throwing in an equally unfounded “attribution” exception to the third-party-allegation rule). But tellingly, Barina wholly ignores Petitioners’ overarching point...
Party Submissions
9.050477
9.704456
9.434121
Committee. Committee means the Employees of the Company appointed by the Board of Directors of the Company (or the appropriate committee of such board), and their replacements as authorized by the Board of Directors, to administer the Plan.
Contract
7.503656
7.564351
10.08349
The Subcontract Amount will be paid subject to the terms of this Agreement in monthly payments of 100(%) percent of the work performed in any preceding month, in accordance with applications for payment prepared by Subcontractor (“Subcontractor’s Application for Payment”) and approved by McCarthy, the Owner and any oth...
Party Submissions
4.731169
4.327787
4.791295
In the further alternative, the Court should affirm the remand of the case for a new trial for the reasons stated by the court of appeals, or for the further reasons not addressed by that court, discussed above. As HSMiller points out, the case has been tried twice already, as the unfortunate consequence of the BNC Sel...
Party Submissions
21.517178
20.09631
22.67585
Q.2. Was Defendant negligent as to brakes? Q.3. Was Defendant negligent as to lookout? Q.4. Was Plaintiff negligent? Q.5. Apportion considering brakes. Q.6. Apportion considering speed. Q.7. Apportion considering lookout. Q.8. Apportion considering brakes and speed. Q.9. Apportion considering brakes and lookout. Q.10. ...
Party Submissions
2.773281
2.885747
3.099567
Pursuant to Texas Rule of Appellate Procedure 6.3 and 9.5(b) the undersigned certifies that on December 14, 2023, I served this document upon counsel for all parties via email and the court’s e-filing system.
Party Submissions
5.390062
6.622493
6.968561
When we apply this accepted definition of incidental here, it is clear that the RTP issue was a major issue at trial. The RTP issue was the first of four alleged malpractice acts. HSMiller submitted a gross-negligence question based solely on Terry’s actions relating to the RTP issue. And the RTP issue took up much of ...
Party Submissions
19.8871
20.183384
23.589764
The issue of fair and equitable treatment 367. Article IV of Annex III of the Treaty, providing for the obligation to accord Fair and Equitable Treatment (“FET” or “FET Standard”), sets forth: FAIR AND EQUITABLE TREATMENT Each Party shall ensure, at all times, fair and equitable treatment for investments and returns, w...
Legal Decisions
9.702886
8.756871
9.477433
Only if Bay has met the statutory requirements of TEX. LAB. CODE § 406.123 (a) and (f) does the court need to reach the issue of “course and scope of employment.” However, because the only reliable evidence in the record demonstrates that Bay will never be able to conclusively prove course and scope of employment at th...
Party Submissions
8.740591
9.989889
10.355951
As explained in the Lawyers’ Petitioners’ Brief on the Merits, this Court should grant review and solidify its unwavering stance against the degradation of the legal profession and the litigation process by holding the proceeds assignment here void. The Court should reverse the portion of the court of appeals’ decision...
Party Submissions
12.783059
15.822751
15.099572
Whether a statutory exception or exclusion applies to a claim cannot be considered unless and until it is established that there is jurisdiction for a claim pursuant to the underlying statute in the first place. See State Bar of Tex. v. Gomez, 891 S.W.2d 243, 245 (Tex. 1994) (stating that before a court can address the...
Party Submissions
7.741998
7.61548
8.013584
In 2011, the Legislature revised the Election Code, adding, among other things, a provision stating: “After the filing deadline. .. a candidate may not amend an application filed under Section 141.031.” Acts 2011, 82nd Leg., ch. 254 (H.B. 1135), §1, eff. Sept. 1, 2011 (codified at Tex. Elec. Code §141.032(g)).3 The pla...
Party Submissions
5.004239
4.786088
5.057989
In this case, Osprin sued Backes to enforce the guaranty after Backes refused to pay the sums owed under the bridge loan after TX 1111 defaulted. Backes filed counterclaims under the UDJA asking, among other things, that the trial court declare that Backes’s obligat ions under the guaranty agreement were discharged upo...
Party Submissions
8.299175
7.460867
8.948712
R ESTATEMENT (T HIRD ) OF R ESTITUTION AND UNJUST ENRICHMENT § 49(3) (2011). “If the value of an unrequested benefit exceeds its cost to the claimant, an innocent recipient will be liable only for the cost.” Id. cmt. e. “‘Cost or value, whichever is less’” is thus the standard recovery in cases of mistaken improvement,...
Party Submissions
11.205145
11.736473
11.529166
ICKER ) submitted the following resolution; which was considered and agreed to Commending Blue Mountain Christian University for 150 years of service to the State of Mississippi and the United States.
Legislation
24.104288
20.825626
31.990335
It is intended that the Plan shall conform with all applicable Section 409A Requirements. Accordingly, in interpreting, construing or applying any of the foregoing definitions or any of the terms, conditions or provisions of the Plan, the same shall be construed in such manner as shall meet and comply with Section 409A...
Contract
4.811143
5.030209
5.137841
Laura Beam, CASA Supervisor, testified for Appellant, A.S. 5 RR 73. Beam testified that she was present for A.S.’s probation hearing in Smith County. 5 RR 76. On cross-examination, Beam explained that she went to hearing because A.S. had not recently drug tested in the instant case. 5 RR 77. K. Alisha Santiago Thomas T...
Party Submissions
10.231877
10.928889
11.393333
Pursuant to its erroneous statement of the standard of review, the Court did not examine the evidence to determine if there is more than a scintilla of evidence to support the findings of personal jurisdiction. Instead, the Court embarked on a “sufficiency of the evidence inquiry” which is totally improper. An example,...
Party Submissions
6.697153
6.733511
6.787649
This Court should grant the petition for review, reverse the decision below, hold Yellowfin’s claim time -barred, and remand the case for any necessary proceedings in the trial court.
Party Submissions
13.227166
13.688773
15.378577
Appeal of Denied Claims. A Claimant whose claim has been completely or partially denied shall be entitled to appeal the claim denial by filing a written appeal with a committee designated by the Committee to hear such appeals (the “Appeals Committee”). A Claimant who timely requests a review of the denied claim (or his...
Contract
4.0596
4.397327
4.44588
The party who seeks to assert that propexty is his separate property must prove its'separate character by clear and convincing evidence. TEX. FAM. CODE ANN.
Party Submissions
12.016437
21.694614
18.821106
S.W.3d at 406—07. Adened contribution plan is one in which the employer and/or employee make contributions to an individual account set up for the employee. Boyd, 67 S.W.3d at 407 n.4.
Party Submissions
9.130664
11.609237
13.349361
The episode intersperses dramatic animations to illustrate or visually interpret the guardianship narratives. When [Tonya] speaks, the camera zooms in on her hands and feet to show fidgeting but does not give the same visual treatment to Ross, Laura, Brittany, or Ross’s assistant, Jo Ann Rivera. When the camera cuts aw...
Party Submissions
18.687342
17.79341
20.628439
And Respondents do even less to square the court of appeals’ decision with the decisions of this Court and other Texas courts interpreting the statutes that control this case, except to ignore those interpretations and attempt to tease out factual distinctions in those decisions. Respondents try to recruit Marshall v. ...
Party Submissions
8.856877
9.219127
9.28937
If courts judicially broaden the legislatively dictated finality of § 1.111(e) agreements the effect will be to nullify the explicit finality of § 1.111(e) agreements. For example, if the mutual mistake theory of contract invalidity is applicable to § 1.111(e) agreements, the doctrine of want of consideration may equal...
Party Submissions
8.649589
9.210258
9.594831
If required by Exhibit 6, U.S. Longshore and Harborworkers (USL&H) Act coverage endorsement shall be required as part of the Subcontractor’s Worker’s Compensation Insurance.
Party Submissions
9.803562
9.554709
11.940983
This document is current through the 2023 Regular Session, the 1st C.S. and the 2nd C.S. of the 88th Legislature; and the 2023 ballot proposition contingencies to date.
Party Submissions
8.685042
7.921706
8.740299
This conclusion rests on at least three fundamental errors. To begin, rather than applying this Court ’s Chapter 74 preliminary expert report jurisprudence, the Court of Appeals mistakenly relied on the sufficiency analysis in Pediatrics Cool Care v. Thompson, to elevate the scope of review. 649 S.W.3d at 179 At the sa...
Party Submissions
10.923351
10.27689
11.680935
Disposition in the Court of Appeals: The Thirteenth Court of Appeals reversed the trial court’s judgment and dismissed all of Petitioners’ claims. City of Cedar Park v. Delapena, No. 13-21-00341-CV, 2022 WL 16993493 (Tex. App.— Corpus Christi 2022, pet. filed.). Justice Benavides delivered the opinion of the court, joi...
Party Submissions
4.066242
4.467096
4.170969
In other words, there is no “chain of events” to tie any claimed fault to the alleged hypoxic event, stroke, or whatever the experts think happened (which is not clear). Dr. Tappan instead points to three intrapartum factors that may have led to a “possibl[e]” perinatal arterial ischemic stroke: (1) prolonged second-st...
Party Submissions
9.710636
9.981476
10.662642
In Respondents’ telling, Westwood merely decided to leave the location where it had sold cars for more than four years as part of a “broader strategic decision to shut ” down its business, “leave the warehouse space that it no longer needed,” “and make a fresh start with a new entity.” (Resp. 12, 31, 38) And, according...
Party Submissions
12.700077
12.760084
14.243478
Automated Collection, 156 S.W.3d at 559. The burden shifted to RLB to provide reasons why the forum-selection clause should not be enforced.
Party Submissions
10.06961
12.227053
14.901758
McCarthy, the Owner and others as required by the Contract Documents shall be added as additional insureds to the Subcontractor’s Pollution Liability policy. Coverage afforded to these additional insureds will be primary to and noncontributory with, any other insurance available to such additional insureds. Subcontract...
Party Submissions
5.67316
5.470745
6.524897
Nicaragua invokes, i.e., the prospect of an unpaid costs award, is hypothetical and, in any event, reparable through the courts of enforcement.
Party Submissions
25.178755
33.223953
33.83823
Respondent takes note of Claimants' agreement to conduct a search for and to produce non-privileged documents that are responsive to this request. Respondent requests Claimants to provide a privilege log as explained in Respondent’s general c omments above.
Legal Decisions
12.588654
12.775115
14.910369
This case concerns a written agreement entered into by co-Petitioner Mills County Appraisal District and Respondent Oncor Electric’s predecessor in title establishing the appraised value of certain electric power transmission lines belonging to Oncor and located in Mills County. Oncor subsequently filed a motion under ...
Party Submissions
5.986669
6.030665
5.832808
On appeal, Berrelez contends the trial court erred in dismissing her suit against Mesquite Logistics. Relying on the “personal animosity” exception, she claims it was unnecessary for her to exhaust her administrative remedies because she was not in the course and scope of her employment at the time of the assault. Thus...
Party Submissions
5.68985
5.474995
5.981458
The Raymond decision has been unduly criticized for its lack of analysis explaining the conflicts with Cockerham. Professor Pamela George analyzed the possible reasoning for Raymond’s departure from the long-standing precedent of Cockerham. Pamela E. George, “Not Everybody Loves Raymond: How The Case Of Raymond V. Raym...
Party Submissions
10.451779
10.339114
10.606724
G) Summary 578. On the basis of the arguments raised in the foregoing chapters, the Tribunal finds that Respondent must compensate Claimant for the damages it actually caused as a result of violating its obligations under the terms of the Treaty. This compensation must fully cover both the income that Claimant should h...
Legal Decisions
13.982129
13.505138
14.201502
Respondents argue 402 Lone Star does not support the Petitioners’ argument because the issue on appeal was “whether the defendant knew that the amount was overstated.” Respondents’ Br. at 14. However, 402 Lone Star’s significance here is that the HOA used the lien’s enforcement power to foreclose on the property based ...
Party Submissions
4.647211
4.767472
4.796106
Without Written Notice by April 1 -If L M O does not give H A O written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, L M O shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of...
Party Submissions
7.429024
8.246437
8.254993
In addition, in connection with his commencing employment with the Company, Executive was awarded a special one-time grant of 500,000 RSU’s/PSU’s vesting as outlined below (“One-Time Special Grant”).
Contract
9.393433
8.980666
8.602507
ARTICLE III(I) GENERAL PRINCIPLES GOVERNING TREATMENT Each Party shall admit and treat investments in a manner not less favourable than the treatment granted in similar situations to investments of its investors except for investments in areas to be identified in the Appendix to this Annex .
Legal Decisions
12.723448
11.770416
16.361885
SUBPART C. Mark Marsenison is subject to jurisdiction in Texas as a result of committing a tort in Texas against a Texas resident.
Party Submissions
47.797104
37.116367
56.960247
The trial court’s decision to deny UTRGV’s plea to the jurisdiction was based on this simple fact, and that decision was upheld by the court below. No basis to disturb that decision exists here.
Party Submissions
10.062933
11.632308
13.256629
To amend the Water Resources Development Act of 1992 and the Flood Control Act of 1968 to provide for provisions relating to collection and retention of user fees at recreation facilities, and for other purposes.
Legislation
5.70512
4.48735
5.418208
CR:436. No community award was given here, either. Finally, the statutory formula hinged on when the “ grant could be exercised.” Tex. Fam. Code § 3.007(d)(2)(A),(B). It was very relevant, and a fact issue, that the company could decide to relax the grant dates to a lesser period, including for performance payment — Ex...
Party Submissions
37.442165
40.168144
39.4533
It is unreasonable for an OEM to require a specific new motor vehicle sales number for a franchisee to fulfill when that OEM does not make the inventory available and franchise termination is in the offing.
Party Submissions
26.263624
19.915854
24.777061
The dealer is an OEM’s captive buyer for the OEM’s vehicles and parts. This symbiotic relationship gives the OEM additional control for the distribution of its vehicles and parts. The dealer has no such captive buyer for the sale of its new motor vehicles as the dealer’s buyer has hundreds of models and lines and locat...
Party Submissions
15.040561
11.771576
15.788294
As to the fair-report privilege, Barina claims the Program is not privileged as a report of the guardianship proceedings because it includes information “from outside those proceedings while ignoring critical information and reports within the proceedings.” Resp. Br. at 41. But this argument is specious at best.
Party Submissions
19.982237
21.95196
23.41678
Thus, based on the Opinion guarantors for bank loans and in any lending transaction can unilaterally avoid complying with their obligations by strategically delaying payment until a termination clause becomes effective. This precedent further incentivizes guarantors with termination clauses to draw out litigation until...
Party Submissions
16.64526
18.879932
21.00521
Accordingly, Tyler has no adequate remedy by appeal from the trial court's abuse of discretion in refusing to abate the underlying *846 suit until judicial review is complete. We sustain Tyler's first issue.
Party Submissions
11.162261
11.730105
18.350426
An appraisal review board or court must necessarily examine a settlement agreement to discern what the agreement covered and what the parties are precluded from protesting further. In fact, this Court noted that the appraisal review board could not change a settlement agreement. The language which Oncor quotes out of t...
Party Submissions
9.844883
9.586862
10.019233
See Pet. App. B at 26–27. For example, the Board’s final finding on § 2301.467(a)(1)—that “[m]easuring sales efficiency does not require adherence to unreasonable sales or service standards”—simply concluded the Board’s (incorrect) analysis in the prior findings that the standard here was not “require[d].” Pet. App. B....
Party Submissions
9.032315
9.201073
9.478613
McCarthy Subcontract -4-01-12-2017 Rev. take some or all of the following actions at no additional cost to McCarthy: .1 Increase manpower in such quantities as will substantially eliminate the backlog of work and put Subcontractor's Work back on schedule. .2 Increase the number of working hours per shift, shifts per wo...
Party Submissions
7.573535
7.791011
8.187329
HSMiller then argues that the instructions did not instruct on facts but on the law, ( id. at 19-24) so they could not be a comment on the weight of the evidence. Terry has already discussed at length why the instruction incorrectly states the law on RTPs. Beyond that, the record does not support this argument. The sec...
Party Submissions
13.622602
13.130262
14.295027
For column 12: ‘Method sensitivity’ means the probability of a method to correctly detect pest presence. The method sensitivity is defined as the probability that a truly positive host tests positive. It is the multiplication of the sampling effectiveness (i.e. probability of selecting infected plant parts from an infe...
Legislation
16.366194
14.272653
18.651459
Oncor ’ s argument necessarily implies that sections 25.25(c-1) and (d-1) repeal section 1.111(e)(2), at least in part, without so much as mentioning the repeal. Courts will not interpret one statute as repealing another absent a clear intent of the Legislature to do so. Rather, the statutes should be read in harmony w...
Party Submissions
9.694184
10.477864
11.109295
Recently this Court has reaffirmed that “[c]harge error is generally considered harmful if it relates to a contested, critical issue.” In re Estate of Poe, 648 S.W.3d 277, 285-93 (Tex. 2022). The court of appeals correctly held that the second non-statutory instruction went too far, and the harm from the improper secon...
Party Submissions
10.125228
9.339448
10.494385
In re Tyler Asphalt & Gravel Co., Inc., 107 S.W.3d 832 (2003) [8] Administrative Law and Procedure Exclusive or original jurisdiction Whether an agency has exclusive jurisdiction depends on statutory interpretation.
Party Submissions
10.043101
10.329432
10.444305
To amend the Organic Foods Production Act of 1990 to provide for continuous improvement of organic standards, and for other purposes.
Legislation
3.722511
3.912181
3.764935
Prac. & Rem. Code § 143A.003(a). But the Legislature deliberately excluded that language from section 272.001. E.g., Hogan, 627 S.W.3d at 169.
Party Submissions
7.892285
9.189388
13.040886
The designation of a person as a vice president does not by itself have a standardized or customary meaning associating particular functions or authority with the position.
Party Submissions
17.83128
17.603174
18.018602
That passage perfectly encapsulates the court of appeals’ fundamental error— and the confusion that Respondents continue to sew before this Court: Both erroneously equate Westwood’s decision to turn over immediate possession of the premises with the abandonment of any right of possession Westwood ever had in the premis...
Party Submissions
7.489019
8.009151
7.985628
Alternate Weekend Possession -In lieu of the weekend possession described in the foregoing paragraph, L M O shall have the right to possession of the child not more than one weekend per month of L M O choice beginning at 6 :0 0 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before sc...
Party Submissions
6.632889
6.787742
6.989055
They also ignore that Bastrop Cent. Appraisal Dist. v. Acme Brick Co., 428 S.W.3d 911 (Tex. App.—Austin 2014, no pet.) is materially distinguishable from this case for the same reason. In Acme Brick, the settlement agreement expressly addressed the applicability of a tax exemption. Acme Brick, 428 S.W.3d at 916. The co...
Party Submissions
4.504702
4.846167
4.512728
Amendments. The Company, by action taken by its Board of Directors, may amend the Plan at any time and for any reason, provided that any such amendment shall not reduce the vested Account Balances of any Participant accrued as of the date of any such amendment or restatement (as if the Participant had incurred a volunt...
Contract
3.912193
3.652281
4.143992
Second, Stanley, the BNC Sellers’ lawyer in the underlying trial, admitted arguing in the underlying trial that HSMiller perpetrated a fraud on the public by making it look like Defterios was a corporate officer and by giving him the title of vice president. (6RR192-94, 253) His change of course in the malpractice tria...
Party Submissions
35.1533
31.450354
38.523197
And Section 51.003(a) defines “deficiency” as the difference between “the price at which real property is sold at a foreclosure sale” and “the indebtedness secured by the real property.” As our opening brief explains (at 13-16), Yellowfin’s suit falls squarely within that definition. Yellowfin seeks to recover the inde...
Party Submissions
6.33264
5.531913
6.325998
Is Respondent’s counterclaim directed against Claimant’s original claim and/or against Claimant’s ancillary claim? Was it brought timely with respect to each, as applicable?
Party Submissions
12.41796
11.957367
13.855667
A negligence case against a nonsubscribing employer is an action for workers' compensation benefits under the Texas Workers' Compensation Act. party in interest: Mr. Collen A. Clark, Mr. Jon L. Anderson, Mr. R. Connor Barbe, Ms. Linda Le Jones. For East Texas Medical Center Athens, Relator: Casey Campbell, Mr. William ...
Party Submissions
20.8028
26.586977
23.995703
This document serves as a basis for discussion at the Working Party on Fisheries Policy. It cannot in any circumstances be regarded as the official position of the Commission. It is intended solely for those to whom it is addressed. In these circumstances, the Tribunal considers that it cannot attach any weight to this...
Legal Decisions
10.927832
11.351213
11.108026