gross error (Texas) · Go Syfert
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gross error in Texas

22 Texas opinions name it 3 courts 1867–2019 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Texas Department of Transportation v. Jones Bros. Dirt & Paving Contractors, Inc.green
tex · 2002 · cited in 5 Texas opinions naming this issue, 2007–2009
2 sentences

2009See Jones Bros., 92 S.W.3d at 480 .

2009See Jones Bros., 92 S.W.3d at 480 .

55
Leachman v. Dretkegreen
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Leachman, 261 S.W.3d at 312 ; Moreland v. Johnson, 95 S.W.3d 392, 395 (Tex.App.-Houston [1st Dist.] 2002, no pet.) (“A suit that is not timely filed pursuant to section 14.005(b) is barred and may be dismissed with prejudice.”).

2011See Leachman , 261 S.W.3d at 312 ; Moreland v. Johnson , 95 S.W.3d 392, 395 ( Tex. App.—Houston [1st Dist.] 2002, no pet.) (“A suit that is not timely filed pursuant to section 14.005( b) is barred and may be dismissed with prejudice.”).

22
Moreland v. Johnsongreen
texapp · 2002 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Leachman, 261 S.W.3d at 312 ; Moreland v. Johnson, 95 S.W.3d 392, 395 (Tex.App.-Houston [1st Dist.] 2002, no pet.) (“A suit that is not timely filed pursuant to section 14.005(b) is barred and may be dismissed with prejudice.”).

2011See Leachman , 261 S.W.3d at 312 ; Moreland v. Johnson , 95 S.W.3d 392, 395 ( Tex. App.—Houston [1st Dist.] 2002, no pet.) (“A suit that is not timely filed pursuant to section 14.005( b) is barred and may be dismissed with prejudice.”).

22
City of San Antonio v. McKenzie Construction Co.green
· 1941 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009Co., 150 S.W.2d 989, 996 (Tex. 1941) .

2009Co., 150 S.W.2d 989, 996 (Tex. 1941).

22
Balderas v. Stategreen
texcrimapp · 2016 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Balderas, 517 S.W.3d at 766 .

11
McKnight v. McKnightgreen
tex · 1976 · cited in 1 Texas opinions naming this issue, 2005–2005
1 sentence

2005See id. [6] The trial court also ordered Sergio to pay child support. [7] Again, although Sergio refers to the trial court = s A gross error, @ we will review his complaint as an abuse of discretion argument. [8] Although the child = s written choice was filed with the trial court, the written choice was not admitted as evidence at trial, and the child did not testify.

11
Hull v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002The trial court first states, "[F]or reasons that I fail to understand, the jury having found you guilty, gave you the opportunity to have probation." [1] Hull v. *221 State, 29 S.W.3d 602, 604 (Tex.App.-Houston [1st Dist.] 2000).

2002The trial court first states, “[F]or reasons that I fail to understand, the jury having found you guilty, gave you the opportunity to have probation.” 1 Hull v. State, 29 S.W.3d 602, 604 (Tex.App.-Houston [1st Dist.] 2000).

11
William Ralph v. Vernon L. Pepersack, Warden, Maryland State Penitentiarygreen
ca4 · 1964 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982Inextricably bound up in this consideration would be whether the arrest was illegal as a matter of failure to comply with technical requirements or whether the arrest and subsequent search and seizure amounted to a gross violation of legal processes.’ *318 “By footnote, the court elaborated on the distinction between ‘failure to comply with technical requirements’ and ‘a gross violation of legal processes’ with this quote from Ralph v. Pepersack, 335 F.2d 128, 136 (4 Cir. 1964): ‘[T]here is a significant distinction between police action which is unlawful because violative of constitutional pr

11
Kenneth B. Moffett v. Louie L. Wainwright, Director, Division of Correctionsgreen
ca5 · 1975 · cited in 1 Texas opinions naming this issue, 1982–1982
1 sentence

1982Moffett v. Wainwright, 512 F.2d 496, 503 (5th Cir. 1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Rampel v. Wascher green
texapp · 1992
2 sentences

2004Rampel, 845 S.W.2d at 921 .

2004Rampel, 845 S.W.2d at 921 .

22004–2004
GPA Holding, Inc. v. Baylor Health Care System green
texapp · 2011
1 sentence

2014First, it contends the arbitrator’s award conflicted with portions of the contract and with our opinion in GPA Holding v. Baylor Health Care Syst, 344 S.W.3d 467 (Tex. App.--Dallas 2011, pet. denied)2.

12014–2014
Gross v. FBL Financial Services, Inc. green
scotus · 2009
1 sentence

2011Gross, 129 S. Ct. at 2349 n.2.

12011–2011
Ben Herbert Phelper v. Bill Decker, Sheriff of Dallas County, Texas green
ca5 · 1968
1 sentence

1987The “most important” consideration was deemed to be “whether the arrest was illegal as a matter of failure to comply with technical requirements or whether the arrest and subsequent search and seizure amounted to a gross violation of legal processes.” Id., at 237-38 .

11987–1987
Cox v. Barton green
texcommnapp · 1919
1 sentence

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

11961–1961
Ross v. Brewer green
texapp · 1923
1 sentence

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

11961–1961
Reid v. Byrd neutral
texapp · 1930
1 sentence

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

11961–1961
Wheeler v. Boyd green
tex · 1887
2 sentences

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

11961–1961
Denman v. Stuart green
tex · 1944
2 sentences

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

1961He relies on Wheeler v. Boyd, 1887, 69 Tex. 293 , 6 S.W. 614 ; Cox v. Barton, Tex.Com.App.1919, 212 S.W. 652 ; Denman v. Stuart, 1944, 142 Tex. 129 , 176 S.W.2d 730 ; Reid v. Byrd, Tex.Civ.App., 34 S.W.2d 305 ; Ross v. Brewer, Tex.Civ.App., 251 S.W. 307 ; and similar cases.

11961–1961
Maddox Bros. & Anderson v. Fenner green
tex · 1891
1 sentence

1925In the case of Maddox v. Fenner, 79 Tex. 291 , 15 S. W. 237 , the contention was “successfully made” that, unless the surveyor of the Stevens tract, the boundaries of which were in controversy, made a gross error in his calls for course and distance, he c.ould not have embraced within said tract all the land between the adjacent surveys, the lines and corners of which were called for in • his field notes of the Stevens survey. — the excess being over 1900 varas.

11925–1925
Warthan v. State neutral
· 1900
1 sentence

1910Warthan v. State, 41 Texas Crim.

11910–1910
Varick v. Smith & The Attorney General green
· 1835
1 sentence

1889But, if within the words of the statutes or charters, it seems to me a gross violation of the citizen’s rights that his property should be violently taken for private use.” In Railway Co. v. Benwood, recently (1888) decided by the supreme court of appeals of West Vir-' ginia, this subject is ably discussed and all the leading cases are reviewed, and the conclusion reached and announced that a railroad corporation cannot condemn land for right of way for a switch to a steam-mill, for the purpose of transporting freight to and from said mill, that not being a “public use.” In the Matter of Alban

11889–1889
Campion v. Angier green
· 1856
1 sentence

1867This should be done, as the better practice, in all cases. ( 16 Tex., 93 ; 20 Tex., 536 ; 16 Tex., 21 ; Harrison v. Cotton, Galveston T., 1860,) [ 25 Tex., 53 .] When the affidavit does not show legal diligence, but an excuse for not using it, then it is addressed to the discretionary powers of the court, and it should show that he has merits in his case, and that the evidence can be procured within a reasonable time.

11867–1867
Dangerfield v. Paschal green
tex · 1857
1 sentence

1867This should be done, as the better practice, in all cases. ( 16 Tex., 93 ; 20 Tex., 536 ; 16 Tex., 21 ; Harrison v. Cotton, Galveston T., 1860,) [ 25 Tex., 53 .] When the affidavit does not show legal diligence, but an excuse for not using it, then it is addressed to the discretionary powers of the court, and it should show that he has merits in his case, and that the evidence can be procured within a reasonable time.

11867–1867
Harrison v. Cotton neutral
tex · 1860
1 sentence

1867This should be done, as the better practice, in all cases. ( 16 Tex., 93 ; 20 Tex., 536 ; 16 Tex., 21 ; Harrison v. Cotton, Galveston T., 1860,) [ 25 Tex., 53 .] When the affidavit does not show legal diligence, but an excuse for not using it, then it is addressed to the discretionary powers of the court, and it should show that he has merits in his case, and that the evidence can be procured within a reasonable time.

11867–1867

Statutes the citing opinions construe

TX § Tex. Transp. Code § 201.112 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 53 (1913–2026) IL 46 (1942–2025) NJ 32 (1937–2025) TX 22 (1867–2019) PA 18 (1923–2024) NY 17 (1874–2016) IN 14 (1874–2025) MI 14 (1863–2023) OH 14 (1908–2023) AK 11 (1978–2026) AL 10 (1923–2023) NC 10 (2006–2025) MD 8 (1908–2011) MN 5 (1897–1998) CO 5 (1896–2019) NE 4 (1995–2016) SD 4 (1980–2016) OR 4 (1974–2024) MT 4 (1896–2011) WI 4 (1938–2020) MO 3 (1879–2025) WY 3 (1988–2021) MA 3 (1960–2009) FL 3 (1939–2002) AZ 3 (1916–2013) VA 2 (1979–2019) WV 2 (1931–2009) TN 2 (1992–2020) DE 2 (1978–2005) CT 2 (1956–1997) AR 2 (1995–1997) LA 2 (1918–2023) ME 2 (1892–1970) ND 2 (1901–1983)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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