[PDF] Top 20 NO CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

... The Smiths‘ issue one is sustained. When the appellate court sustains a challenge to the factual sufficiency of the evidence, it must reverse and remand for a new trial; it may not render judgment. See Wright Way ... See full document

... Whether a condition is a premise or special defect is a question of law. State Dep’t of Highways & Pub. Transp. v. Payne, 838 S.W.2d 235, 238 (Tex. 1992) (op. on rehearing); see Texas Dep’t of Transp. v. ... See full document

... Finally, the Hightowers argue that the statute violates the separation of powers and the due course of law provisions of the Texas Constitution. The separation of powers provision restricts the legislature's power ... See full document

... To support Prado’s position that the puddle of rainwater posed an unreasonable risk of harm, Prado relies on City of Fort Worth v. Gay, 977 S.W.2d 814 (Tex. App.— Fort Worth 1998, no pet.), which is inapplicable for at ... See full document

... trial court applied the “wrong standard” in ordering the ...trial court from appointing joint managing conservators when credible evidence is presented of a history or pattern of past or present child abuse ... See full document

... that “a whistleblower cannot reasonably believe his supervisor is an appropriate law-enforcement authority if the supervisor’s power extends no further than ensuring the governmental body itself complies with the law”). ... See full document

... telephone conversation with the USAA representative. But Zatorski cannot rely on an alleged breach of a promise outside of the written contract to raise a fact issue on breach. See, e.g., Osborne v. Coldwell Banker ... See full document

... a court grants a party’s special exceptions, generally the court must give the other party an opportunity to amend the pleadings before the court dismisses the ...trial court did not conduct a ... See full document

... {¶30} The Johnsons argue that the affidavit testimony of Dr. Kramerich, that the electrical service panel was improperly fused, combined with the evidence that the School’s maintenance men, Mr. Ford and Mr. Cole did not ... See full document

... circuit court erred in dismissing the Petition on the grounds that the Baker children were "disenrolled," and there was no disciplinary reason Crossroads used to remove the Baker children from school ... See full document

... trial court failed to make statutorily required findings and reasons for imposing consecutive sentences at his sentencing ...trial court must make certain findings before imposing consecutive ...a ... See full document

... The court of appeals, sitting en banc, reversed the trial court, remanding the case to a new district court judge with orders to hold a hearing on whether there was improper prosecutoria[r] ... See full document

... Based on the foregoing, we find that Appellants presented substantial evidence supporting a finding that they had an insurable interest in the RV, thus making a submissible case on their counterclaim. The trial ... See full document

... The application will be referred to the Court’s Committee on Admissions and Grievances for investigation into the applicant’s qualifications and fitness to be admitted to the Bar of this Court. The Clerk’s Office ... See full document

... The State concedes the record does not support that Williams’s financial circumstances materially changed after the trial court determined he was indigent and, therefore, agrees the judgment should be modified to ... See full document

... 9. This Court has jurisdiction over this action under 42 U.S.C. § 1983 and the Supremacy Clause pursuant to 28 U.S.C. § 1331 (federal question jurisdiction). This Court also has jurisdiction over the § 1983 ... See full document

... Supreme Court of Ohio concluded that individuals engaging in recreational or sports activities assume the ordinary risks of the activity and cannot recover for injury unless the other participant's actions were ... See full document

... Supreme Court of Appeals affirmed the trial court’s decision that the February 2011 Lease was void and unenforceable as it was acquired through mistake of fact and ...The Court also affirmed the ... See full document

... Circuit Court decision upholding the law 43 assume the following: (1) there is no threat of exploitation or cultural dislocation when Northern Marianas persons sell their land to ambitious or unscrupulous persons ... See full document

... lower court to send up its records—are granted by the ...the Court does not have to hear a case appealed to ...The Court also takes cases that it believes deal with critical national ... See full document