Texas Case Commentaries

Clarification on 'Consumer' Status Under Texas DTPA for Loan Refinancing Transactions

Date: Jul 17, 1980

Clarification on 'Consumer' Status Under Texas DTPA for Loan Refinancing Transactions Introduction The case of Riverside National Bank et al. v. James Lewis (603 S.W.2d 169, Supreme Court of Texas,...

Interpretation of Art. XVI, §21: State Agencies Authorized to Perform Their Own Printing

Date: Jun 5, 1980

Interpretation of Art. XVI, §21: State Agencies Authorized to Perform Their Own Printing Introduction The case Director of the Department of Agriculture and Environment et al. v. Printing Industries...

Reconciling Jury Findings in FELA Claims: The Supreme Court of Texas' Affirmation in Bender v. Southern Pacific Transportation Company

Date: May 22, 1980

Reconciling Jury Findings in FELA Claims: The Supreme Court of Texas' Affirmation in Bender v. Southern Pacific Transportation Company Introduction The case of Bender v. Southern Pacific...

Jurisdiction of Transferee Courts in Contempt Proceedings Under the Texas Family Code

Date: May 15, 1980

Jurisdiction of Transferee Courts in Contempt Proceedings Under the Texas Family Code Introduction The case of Ex parte John Otis Barnett (600 S.W.2d 252) adjudicated by the Supreme Court of Texas on...

HARDIN v. HARDIN: Clarifying the 'Seven-Day Rule' and Judicial Discretion in Amended Answers under Rule 63 Tex.R.Civ.Pro.

Date: May 8, 1980

HARDIN v. HARDIN: Clarifying the 'Seven-Day Rule' and Judicial Discretion in Amended Answers under Rule 63 Tex.R.Civ.Pro. Introduction In the landmark case of Joan Murle Hardin v. Lavoyd Wayne...

Reimbursement of Real Property Taxes and Usury Claims in Smart v. Tower Land and Investment Company

Date: May 8, 1980

Reimbursement of Real Property Taxes and Usury Claims in Smart v. Tower Land and Investment Company Introduction Don M. Smart v. Tower Land and Investment Company is a pivotal 1980 decision by the...

Annexation Power Limitation in Special Drainage Districts: Mobil Oil Corp. v. Matagorda County Drainage District No. 3

Date: May 8, 1980

Annexation Power Limitation in Special Drainage Districts: Mobil Oil Corp. v. Matagorda County Drainage District No. 3 Introduction Mobil Oil Corporation initiated legal proceedings against the...

Enforcement of Contractual Wills and Jurisdictional Clarity in Probate Proceedings: Octa v. Novak

Date: Apr 17, 1980

Enforcement of Contractual Wills and Jurisdictional Clarity in Probate Proceedings: Octa v. Novak Introduction Octa v. Novak, 596 S.W.2d 848 (Tex. 1980), adjudicated by the Supreme Court of Texas on...

Texas Bank v. Moore: Establishing Fiduciary Duty in Familial Relationships

Date: Mar 20, 1980

Texas Bank v. A. E. Moore: Establishing Fiduciary Duty in Familial Relationships Introduction The case of TEXAS BANK AND TRUST COMPANY v. A. E. MOORE, 595 S.W.2d 502 (Supreme Court of Texas, 1980),...

Affirming Accord and Satisfaction in Construction Contract Dispute: Harris v. Rowe

Date: Feb 28, 1980

Affirming Accord and Satisfaction in Construction Contract Dispute: Harris v. Rowe Introduction The case of J. Gordon S. Harris v. John D. Rowe, adjudicated by the Supreme Court of Texas in 1980,...

Transfer of Permit Rights and Civil Conspiracy: Analysis of Carroll v. Timmers Chevrolet, Inc.

Date: Jan 31, 1980

Transfer of Permit Rights and Civil Conspiracy: Analysis of Carroll v. Timmers Chevrolet, Inc. Introduction The case Orel Carroll v. Timmers Chevrolet, Inc., decided by the Supreme Court of Texas on...

Texas Supreme Court Upholds Injunctive Relief in Environmental Case: STATE v. TEXAS PET FOODS, INC.

Date: Jan 31, 1980

Texas Supreme Court Upholds Injunctive Relief in Environmental Case: STATE v. TEXAS PET FOODS, INC. Introduction STATE of Texas v. TEXAS PET FOODS, INC. (591 S.W.2d 800) is a landmark judgment...

Defining Bona Fide Commitment Fees: Texas Supreme Court Affirms Non-Usurious Nature of 10% Annual Commitment Charge in Stedman v. Georgetown Savings and Loan

Date: Jan 17, 1980

Defining Bona Fide Commitment Fees: Texas Supreme Court Affirms Non-Usurious Nature of 10% Annual Commitment Charge in Stedman v. Georgetown Savings and Loan Introduction Case: C. T. Stedman,...

State Liability Under Texas Tort Claims Act: Negligence of Highway Patrol Officers

Date: Nov 22, 1979

State Liability Under Texas Tort Claims Act: Negligence of Highway Patrol Officers Introduction The case of The State of Texas v. James M. Terrell et al., adjudicated by the Supreme Court of Texas on...

Validating Agency Authority in the Assignment of Overriding Royalty Interests: Insights from First National Bank in Dallas v. E.R. Kinabrew

Date: Oct 19, 1979

Validating Agency Authority in the Assignment of Overriding Royalty Interests: Insights from First National Bank in Dallas v. E.R. Kinabrew Introduction The case of First National Bank in Dallas,...

Enforcement of Agreed Judgments by Contempt: Insights from Ex parte Juan J. Gorena

Date: Oct 18, 1979

Enforcement of Agreed Judgments by Contempt: Insights from Ex parte Juan J. Gorena Introduction Ex parte Juan J. Gorena (595 S.W.2d 841) is a seminal case decided by the Supreme Court of Texas on...

Territorial Jurisdiction and Procedural Compliance in Texas Water Code Enforcement: CITY OF HOUSTON v. CLEAR CREEK BASIN AUTHORITY

Date: Oct 4, 1979

Territorial Jurisdiction and Procedural Compliance in Texas Water Code Enforcement: CITY OF HOUSTON v. CLEAR CREEK BASIN AUTHORITY Introduction The case of City of Houston v. Clear Creek Basin...

Duty of Disclosure in Real Estate Transactions: Smith v. National Resort Communities, Inc.

Date: Sep 20, 1979

Duty of Disclosure in Real Estate Transactions: Smith v. National Resort Communities, Inc. Introduction Warren H. Smith et ux. v. National Resort Communities, Inc., decided by the Supreme Court of...

Negligence Per Se Not Established for Statutory Violations in Wrongful Death Action: Carter v. Sommerville and Son, Inc.

Date: Jul 26, 1979

Negligence Per Se Not Established for Statutory Violations in Wrongful Death Action: Carter v. Sommerville and Son, Inc. Introduction Carter v. Sommerville and Son, Inc. (584 S.W.2d 274) is a pivotal...

Texas Supreme Court Affirms Inclusion of National Bank Income in Franchise Tax Gross Receipts

Date: Jul 26, 1979

Texas Supreme Court Affirms Inclusion of National Bank Income in Franchise Tax Gross Receipts Introduction In the landmark case of Bob Bullock, Comptroller of Public Accounts of the State of Texas et...