competing claim in Texas

2017"When choosing a neutral arbitrator, the parties must weigh the competing factors of the arbitrator's knowledge and experience against his potential conflicts; parties can only perform that analysis if they have access to all of the information that could reasonably affect the arbitrator’s partiality.” Id. (citing TUCO, 960 S.W.2d at 635 ).

2017"When choosing a neutral arbitrator, the parties must weigh the competing factors of the arbitrator's knowledge and experience against his potential conflicts; parties can only perform that analysis if they have access to all of the information that could reasonably affect the arbitrator’s partiality.” Id. (citing TUCO, 960 S.W.2d at 635 ).

2022The Texas Supreme Court has since rejected both the imputation of another’s default and the evaluation of the equities of probate—including possible frustration of the testator’s intent—when considering the applicant’s diligence, instructing courts that “only the applicant’s conduct is relevant to determining whether she ‘was not in default.’” Ferreira, 575 S.W.3d at 337-38 . 11 This case is also distinct from the case in which the court affirmed the admission of a will to probate as muniment of title three years after learning of a competing claim to title to the property devised by a will.

2022McGrew, 906 S.W.2d at 56 .

2022Id.

2019Hughes Ranchlands." Thus, what the court of appeals characterized as the heirs' competing claim "for the funds going to SMU," 553 S.W.3d at 6 , was a suit for title to the unsevered minerals that after being produced generated funds also claimed by SMU, the County, and the heirs.

2017Indeed, by law "sentencing" differs substantively both from "reading the verdict" and from "entering judgment." Here, though, the majority's disposition effectively means that a trial court need not ensure that the oral sentencing is accurate, a lenience that I find discomfiting. *794 The competing principle is that if the oral sentencing itself is truly ambiguous, as opposed to explicitly conflicting with the verdict or judgment, "the jury's punishment verdict, the court's pronouncement, and the written judgment should all be read together in an effort to resolve the ambiguity." Aguilar , 202

2016B.R., 456 S.W.3d at 615 ; see TEX.

2015Moreover, Appellants’ failure to link themselves to an interest in any given property or to show that Durham asserted a competing claim to such property demonstrated a lack of standing and merit to their lawsuit, and thereby eliminated the possibility that the trial court’s rulings on the evidence “probably caused the rendition of an improper judgment.” Owens-Corning Fiberglas Corp. v. Malone, 972 S.W.2d at 43 ; Also see Tex.R.App.

1987Additional instructions on how to balance the competing factors in a products liability suit were, however, disapproved. [[Image here]] Finally, the issue of unnecessary explanatory instructions emerged again in Acord v. General Motors Corp., 669 S.W.2d 111 (Tex.1984).

1985In Fleishman v. Guadiano, 651 S.W.2d 730 (Tex.1983), the plaintiff complained because the trial court refused to submit the following instruction in a defective design suit: You are further instructed that in answering this issue you shall not consider any evidence of negligence on the part of Virginia Guadiano, if any, in climbing the ladder in question on the occasion in question.