date set hearing (Texas) · Go Syfert
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date set hearing in Texas

19 Texas opinions name it 2 courts 1920–2010 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 (4)

CaseFollowedCited
Thacker v. Thackergreen
texapp · 1973 · cited in 2 Texas opinions naming this issue, 1993–1995
2 sentences

1995Similarly, in Thacker v. Thacker, 496 S.W.2d 201, 204 (Tex.Civ.App.—Amarillo 1973, no writ), the court noted that there is no right to present argument for or against a motion for summary judgment and that all party participation necessary in a summary judgment proceeding occurs prior to the date set for the hearing.

1993Likewise, in Thacker v. Thacker, 496 S.W.2d 201 (Tex.Civ.App.—Amarillo 1973, writ dism’d), a defendant in a lawsuit was given notice of the date set for the hearing on the motion for summary judgment but failed to appear.

12
Texas Department of Parks & Wildlife v. Mirandagreen
tex · 2004 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Miranda , 133 S.W.3d at 227 . [5] The reporter’s record reflects that on May 7, 2007, the date set for a hearing on Gatesco’s second application for temporary injunction, the trial court stated, “[I]t is my understanding that this is a temporary injunction.

11
CNA Insurance Co. v. Scheffeygreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009Co. v. Scheffey, 828 S.W.2d 785, 792-93 (Tex. App.—Texarkana 1992, writ denied) (A motion to recuse was timely filed because it was filed more than ten days before the date set for hearing on a motion for new trial.).

11
Hudson v. Texas Children's Hospitalgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2007–2007
1 sentence

2007See Hudson v. Tex. Children's Hosp. , 177 S.W.3d 232 , 239 & n.2 (Tex. App.--Houston [1st Dist.] 2005, no pet.) (Bland, J., concurring) (courts of appeals have been inconsistent on question of whether trial court may deny motion to recuse without referral based on procedural defect). 6.

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 (14)

CaseCitedYears
REM v. State green
texapp · 1978
2 sentences

1983Although the court states no reason for failing to set the case within 10 days, no hearing could have been held before the court obtained a mandatory diagnostic study in compliance with Tex.Fam.Code Ann. § 54.02(d) (Vernon 1975); R.E.M. v. State, 569 S.W.2d 613 (Tex.Civ.App.—Waco 1978, no writ).

1983Although the court states no reason for failing to set the case within 10 days, no hearing could have been held before the court obtained a mandatory diagnostic study in compliance with Tex.Fam.Code Ann. § 54.02(d) (Vernon 1975); R.E.M. v. State, 569 S.W.2d 613 (Tex.Civ.App.—Waco 1978, no writ).

21983–1983
Walker v. Packer green
tex · 1992
1 sentence

2008Id. ' 34.04(a),(b), and (e).

12008–2008
Kemp v. State green
texcrimapp · 1992
2 sentences

1997Kemp, 846 S.W.2d at 305 .

1997Kemp, 846 S.W.2d at 305 .

11997–1997
Sosa v. Central Power & Light green
tex · 1995
2 sentences

1996Tex.R.Civ.P. 166a(c); Sosa v. Central Power & Light, 909 S.W.2d 893 (Tex.1995).

1996Tex.R.Civ.P. 166a(c); Sosa v. Central Power & Light, 909 S.W.2d 893 (Tex.1995).

11996–1996
Lopez v. Lopez green
tex · 1988
2 sentences

1993Lopez v. Lopez, 757 S.W.2d 721 (Tex.1988).

1993Lopez v. Lopez, 757 S.W.2d 721 (Tex.1988).

11993–1993
Gulbenkian v. Penn green
tex · 1952
2 sentences

1967In passing upon a motion for summary judgment, all doubts as to the existence of a genuine issue of material fact must be reserved against the moving party, and the opposite party is entitled to the benefit of every reasonable inference which can be properly drawn in his favor. *227 Gulbenkian v. Penn, 151 Tex. 412 , 252 S.W. 2d 929 .

1967In passing upon a motion for summary judgment, all doubts as to the existence of a genuine issue of material fact must be reserved against the moving party, and the opposite party is entitled to the benefit of every reasonable inference which can be properly drawn in his favor. *227 Gulbenkian v. Penn, 151 Tex. 412 , 252 S.W. 2d 929 .

11967–1967
Gourley v. Fields green
texapp · 1961
1 sentence

1967Defendant also relies upon Rule 87, Texas Rules of Civil Procedure, in which it is stated in part: “ * * * Such hearing, unless the parties agree upon the date, shall not be had until a copy of such controverting plea, including a copy of such notation thereon, shall have been mailed by registered mail to the defendant or his attorney at the post office address stated in such plea of privilege, or shall have been delivered to defendant or his attorney, at least ten days before the date set for hearing, after which the court shall promptly hear such plea of privilege and enter judgment thereon

11967–1967
Texas Employers' Insurance Ass'n v. Curry neutral
texapp · 1961
1 sentence

1965In Texas Employers’ Insurance Association v. Curry, Tex.Civ.App., 347 S.W.2d 334 , writ ref., the letter from insurer demanding an operation was received by the Board on the date set for the hearing.

11965–1965
Standard Insurance Co. v. Biggers neutral
texapp · 1961
1 sentence

1965The Court held Rule 5.20 to be reasonable and valid, and said: “We therefore hold that since appellant’s written demand for surgery was not timely filed with the Industrial Accident Board under its Rule 5.20, the Board had ample authority to refuse appellant’s demand for surgical operation upon appellee. * * * “Under the record in this cause medical testimony asserting the curative effects of surgery upon a herniated disc was not admissible in evidence in this cause over the objections made by appellee.” See, also, Standard Insurance Company v. Biggers, Tex.Civ.App., 352 S.W.2d 290 .

11965–1965
Brown v. Aetna Casualty and Surety Company neutral
texapp · 1963
1 sentence

1964While it is true that Rule 166-A(c), T.R.C.P. provides that “[t]he adverse party prior to the day of hearing may serve opposing affidavits”, we held in the case of Brown v. Aetna Casualty & Surety Co., Tex.Civ.App., 366 S.W.2d 673 , wr. ref. n. r. e., that such provision of the rule was not mandatory and that the court’s action in allowing the answer to be filed on the date of hearing was within the trial court’s discretion.

11964–1964
Ex Parte Nichlos green
texcrimapp · 1952
2 sentences

1952On November 15, 1951, the date set for the hearing, the cause came on to be heard and resulted in the entry of the order from which Nelly Nichlos, jointly with Steve Nichlos, appealed to this court in our Cause No. 25,696 (Ex Parte Nelly Nichols and Steve Nichols, 245 S.W. 2d 704 .) From the record in this and the former appeal we observe the following additional facts in connection with the hearing on November 15, 1951.

1952On November 15, 1951, the date set for the hearing, the cause came on to be heard and resulted in the entry of the order from which Nelly Nichlos, jointly with Steve Nichlos, appealed to this court in our Cause No. 25,696, Ex Parte Nichlos, Tex.Cr.App., 245 S.W.2d 704 .

11952–1952
Pyle-Williams & Co. v. De Bord neutral
texapp · 1926
1 sentence

1927App.] 287 S. W. 143 ; McGhee v. Maxey [Tex. Civ.

11927–1927
Riggins v. Thompson green
tex · 1902
2 sentences

1923Chief Justice Phillips, said in the opinion: “In the opinion of this court delivered by Chief Justice Gaines, in Riggins v. Thompson, 96 Tex. 154 , 71 S. W. 14 , the classification of injunctions under our practice is thus stated: “ ‘1.

1923Chief Justice Phillips, said in the opinion: “In the opinion of this court delivered by Chief Justice Gaines, in Riggins v. Thompson, 96 Tex. 154 , 71 S. W. 14 , the classification of injunctions under our practice is thus stated: “ ‘1.

11923–1923
Ex Parte Zuccaro green
· 1914
2 sentences

1920Ex parte Zuccaro, 106 Tex. 197 , 163 S. W. 579 , Ann.

1920Ex parte Zuccaro, 106 Tex. 197 , 163 S. W. 579 , Ann.

11920–1920

Where else courts name it

CA 53 (1923–2026) TX 19 (1920–2010) OH 13 (2000–2023) NY 12 (1942–2014) IL 10 (1946–2022) LA 9 (1951–2024) MI 9 (1925–2025) AL 8 (1977–2025) IN 8 (1909–2020) PA 7 (1963–2023) CT 7 (1993–2025) MD 6 (1970–2010) GA 6 (1946–1983) HI 6 (1969–2017) OK 5 (1932–1982) FL 4 (1961–2014) WA 4 (2005–2018) KS 4 (1946–2006) IA 4 (1985–2021) OR 4 (1975–2021) WI 4 (1993–2022) UT 4 (1999–2020) TN 3 (2001–2026) MT 3 (1924–2006) NC 3 (1975–1979) ID 3 (1971–2009) AZ 3 (1970–2009) SD 2 (1990–1996) WY 2 (1991–1998) WV 2 (1925–2023) NJ 2 (2008–2018) MO 2 (1908–2008) NE 2 (2005–2005) VA 2 (1981–1981) MS 2 (1991–1992)

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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