noted rule (Texas) · Go Syfert
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noted rule in Texas

114 Texas opinions name it 5 courts 1973–2026 9 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 (28)

CaseFollowedCited
Butcher, Charles E. Iigreen
texcrimapp · 2015 · cited in 3 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Butcher, 454 S.W.3d at 19 . 5 Appellant also argues that the jury’s finding was not supported by legally or factually sufficient evidence because he voluntarily released complainant.

2015See Butcher, 454 S.W.3d at 19 . 5 Appellant also argues that the jury's finding was not supported by legally or factually sufficient evidence because he voluntarily released complainant.

33
Ed Braun v. Larry C. Flynt, Chic Magazine, Inc.green
ca5 · 1984 · cited in 2 Texas opinions naming this issue, 2024–2024
2 sentences

2024The Court noted that the error is reversible “unless the appellate court is ‘reasonably 12 certain that the jury was not significantly influenced by issues erroneously submitted to it.’ ” Id. at 227–28 (emphasis added) (quoting Braun v. Flynt, 731 F.2d 1205, 1206 (5th Cir. 1984)).

2024The Court noted that the error is reversible “unless the appellate court is ‘reasonably 12 certain that the jury was not significantly influenced by issues erroneously submitted to it.’ ” Id. at 227–28 (emphasis added) (quoting Braun v. Flynt, 731 F.2d 1205, 1206 (5th Cir. 1984)).

22
Reed Tool Co. v. Copelingreen
tex · 1980 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Id. (“Therefore, Mrs. Rodriguez’ suit for loss of consortium is barred by the Workers’ Compensation Act unless she can establish that the injury caused her husband was intentional.”); see also Reed Tool Co. v. Copelin, 610 S.W.2d 736 , 738– 39 (Tex. 1980).

2015Id. (“Therefore, Mrs. Rodriguez’ suit for loss of consortium is barred by the Workers’ Compensation Act unless she can establish that the injury caused her husband was intentional.”); see also Reed Tool Co. v. Copelin, 610 S.W.2d 736 , 738- 39 (Tex.1980).

22
Krenek v. Texstar North America, Inc.green
texapp · 1990 · cited in 2 Texas opinions naming this issue, 2001–2015
2 sentences

2015See Krenek, 787 S.W.2d at 569 (citing Rio Bravo Oil Co. v. Weed, 121 Tex. 427, 443 , 50 S.W.2d 1080 , 1086–87 (1932); *78 Couch v. Texas & Pac.

2001See Krenek, 787 S.W.2d at 569 (citing Rio Bravo Oil Co. v. Weed, 121 Tex. 427, 443 , 50 S.W.2d 1080, 1086-87 (1932); Couch v. Texas & Pac.

22
Lemmons v. Stategreen
texapp · 2002 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See id. (where the court noted factors which indicated any error did not affect a substantial right).

2015See id. (where the court noted factors which indicated any error did not affect a substantial right).

22
Rodriguez v. Naylor Industries, Inc.green
tex · 1989 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Id. (“Therefore, Mrs. Rodriguez’ suit for loss of consortium is barred by the Workers’ Compensation Act unless she can establish that the injury caused her husband was intentional.”); see also Reed Tool Co. v. Copelin, 610 S.W.2d 736 , 738– 39 (Tex. 1980).

2015Id. (“Therefore, Mrs. Rodriguez’ suit for loss of consortium is barred by the Workers’ Compensation Act unless she can establish that the injury caused her husband was intentional.”); see also Reed Tool Co. v. Copelin, 610 S.W.2d 736 , 738- 39 (Tex.1980).

22
Rio Bravo Oil Co. v. Weedgreen
· 1932 · cited in 2 Texas opinions naming this issue, 2001–2015
2 sentences

2015See Krenek, 787 S.W.2d at 569 (citing Rio Bravo Oil Co. v. Weed, 121 Tex. 427, 443 , 50 S.W.2d 1080 , 1086–87 (1932); *78 Couch v. Texas & Pac.

2015See Krenek, 787 S.W.2d at 569 (citing Rio Bravo Oil Co. v. Weed, 121 Tex. 427, 443 , 50 S.W.2d 1080 , 1086–87 (1932); *78 Couch v. Texas & Pac.

22
Duncan Land & Exploration, Inc. v. Littlepagegreen
texapp · 1999 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012In Duncan Land & Exploration, Inc. v. Littlepage, 984 S.W.2d 318, 323 (Tex.App.-Fort Worth 1998, pet. denied), Duncan, the well operator, sued his lessor for slander of title for wrongfully claiming a reversion of the leasehold.

2012In Duncan -5- 04-11-00336-CV Land & Exploration, Inc. v. Littlepage, 984 S.W.2d 318, 323 (Tex. App.—Fort Worth 1998, pet. denied), Duncan, the well operator, sued his lessor for slander of title for wrongfully claiming a reversion of the leasehold.

22
Hering v. Norbanco Austin I, Ltd.green
texapp · 1987 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See id. at 640-41 .

2008See id. at 640–41.

22
U.S. Quest Ltd. v. Kimmonsgreen
ca5 · 2000 · cited in 2 Texas opinions naming this issue, 2003–2004
2 sentences

2004The court noted that the clause reflects the parties’ intent to bar later disputes related to the underlying agreements, but “notably fails to mention or refer to prior representations.” Id. (citing U.S. Quest Ltd. v. Kimmons, 228 F.3d 399, 403 (5th Cir.2000) (holding that merger clause in contract superseding all “prior or contemporaneous agreements, communications or understandings, whether written or unwritten” was a valid disclaimer of reliance upon alleged oral representation that the parties would enter into a second written contract)).

2003The court noted that the clause reflects the parties = intent to bar later disputes related to the underlying agreements, but A notably fails to mention or refer to prior representations. @ Id. (citing U.S. Quest Ltd. v. Kimmons , 228 F.3d 399, 403 (5th Cir. 2000) (holding that merger clause in contract superseding all A prior or contemporaneous agreements, communications or understandings, whether written or unwritten @ was a valid disclaimer of reliance upon alleged oral representation that the parties would enter into a second written contract)).

22
Eason v. Thalergreen
ca5 · 1994 · cited in 2 Texas opinions naming this issue, 1997–1997
2 sentences

1997Conversely, under the in forma pauperis statute, judges have the authority to dismiss a claim based on an "indisputably meritless legal theory," and the "unusual power to pierce the veil of the complainant's factual allegations and dismiss those claims whose factual contentions are clearly baseless." The Court concluded, "When a complaint raises an arguable question of law which the district court ultimately finds is correctly resolved against the plaintiff, dismissal on Rule 12(b)(6) grounds is appropriate, but dismissal on the basis of frivolousness is not." Id . at 328; see also Eason v. Th

1997Conversely, under the in forma pauperis statute, judges have the authority to dismiss a claim based on an “indisputably meritless legal theory,” and the “unusual power to pierce the veil of the complainant’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” The Court concluded, “When a complaint raises an arguable question of law which the district court ultimately finds is correctly resolved against the plaintiff, dismissal on Rule 12(b)(6) grounds is appropriate, but dismissal on the basis of frivolousness is not.” Id. at 328 , 109 S.Ct. at 1833 ;

22
Gigliobianco v. Stategreen
texcrimapp · 2006 · cited in 2 Texas opinions naming this issue, 2014–2016
2 sentences

2016Id.

2014See id.

12
City of Waco v. Kelleygreen
tex · 2010 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010Id. , 2010 WL 571974, at *1 (citing Tex. Loc.

2010Id. , 2010 WL 571974, at *1 (citing Tex. Loc.

12
Ratliff v. Stategreen
texcrimapp · 1985 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026The right to question a venire panel is balanced with the trial court’s right to control voir dire “in the interest of conducting an orderly and expeditious trial.” Ex parte McKay, 819 S.W.2d at 482 . 2 The trial court noted that defense counsel had been conducting voir dire for more than an hour. 3 “These two principles—the right of counsel to question veniremembers and the right of the trial court to control the voir dire and impose reasonable restrictions—coexist and must be harmonized.” Ratliff v. State, 690 S.W.2d 597, 599 (Tex. Crim.

11
Polk v. Stategreen
texcrimapp · 1987 · cited in 1 Texas opinions naming this issue, 2017–2017
11
Ragsdale v. Progressive Voters Leaguegreen
tex · 1990 · cited in 1 Texas opinions naming this issue, 2016–2016
11
Texas Education Agency v. Leepergreen
tex · 1995 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Cate v. Dover Corp.green
tex · 1990 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Hawkins v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Lowden v. Bosleygreen
md · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Dresser Industries, Inc. v. Page Petroleum, Inc.green
tex · 1993 · cited in 1 Texas opinions naming this issue, 2015–2015
11
Johnson v. Stategreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2014–2014
11
Hunter v. Fort Worth Capital Corp.green
tex · 1981 · cited in 1 Texas opinions naming this issue, 2010–2010
11
Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian Churchgreen
scotus · 1969 · cited in 1 Texas opinions naming this issue, 2007–2007
11
Dallas Cty. Mental Health and Mental Retardation v. Bossleygreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2005–2005
11
Durbin v. Dal-Briar Corp.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2002–2002
11
Underwriters Life Insurance Co. v. Cobbgreen
texapp · 1988 · cited in 1 Texas opinions naming this issue, 2002–2002
11
Nicholson v. Memorial Hospital Systemgreen
texapp · 1986 · cited in 1 Texas opinions naming this issue, 1998–1998
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 (52)

CaseCitedYears
State Ex Rel. Rosenthal v. Poe green
texcrimapp · 2003
2 sentences

2003In concluding that Article 36.22 did not permit the recording of jury deliberations, the Court noted that the rule requiring confidentiality of jury deliberations is "ancient and centuries old" and its purpose is to ensure that there is "freedom of debate," "independence of thought" and "frankness and freedom of discussion and conference." Poe , 98 S.W.3d at 202 .

2003In concluding that Article 36.22 did not permit the recording of jury deliberations, the Court noted that the rule requiring confidentiality of jury deliberations is "ancient and centuries old" and its purpose is to ensure that there is "freedom of debate," "independence of thought" and "frankness and freedom of discussion and conference." Poe , 98 S.W.3d at 202 .

42003–2003
Inglish v. Johnson green
texapp · 1906
2 sentences

2003The court noted that the doctrine is founded in this country “upon the common law” and its application “in the exercise of a general equity jurisdiction is favored here.” Id.

2003The court noted that the doctrine is founded in this country "upon the common law" and its application "in the exercise of a general equity jurisdiction is favored here." Id.

32003–2003
Romero v. KPH Consolidation, Inc. green
tex · 2005
2 sentences

2024The Court noted that the error is reversible “unless the appellate court is ‘reasonably 12 certain that the jury was not significantly influenced by issues erroneously submitted to it.’ ” Id. at 227–28 (emphasis added) (quoting Braun v. Flynt, 731 F.2d 1205, 1206 (5th Cir. 1984)).

2024The Court noted that the error is reversible “unless the appellate court is ‘reasonably 12 certain that the jury was not significantly influenced by issues erroneously submitted to it.’ ” Id. at 227–28 (emphasis added) (quoting Braun v. Flynt, 731 F.2d 1205, 1206 (5th Cir. 1984)).

22024–2024
Mellon Service Co. v. Touche Ross & Co. green
texapp · 1997
2 sentences

2024The court noted that the hearing was held in Galveston County “[w]ith the agreement of the parties.” Mellon, 946 S.W.2d at 864 .

2024The court noted that the hearing was held in Galveston County “[w]ith the agreement of the parties.” Mellon, 946 S.W.2d at 864 .

22024–2024
Melodie McFarland and Pamela Lykes v. Stacie Boisseau green
texapp · 2011
2 sentences

2018This court noted that error was preserved because the “trial court clearly understood the [plaintiffs’] complaint and this is all that was required.” Id. at 510 .

2018This court noted that error was preserved because the “trial court clearly understood the [plaintiffs’] complaint and this is all that was required.” Id. at 510 .

22018–2018
cluster 739337 green
ca9 · 1997
2 sentences

2015In fact, the court in Collins acknowledged that, under certain circumstances, a “time-limited ban” could be lawful, depending on whether the police had “reliable information that organized violence of a serious nature is about to occur.” 13 Id. (citing to Collins, 110 F.3d at 1371-72 ). 14 Id. at 9 (citing to Collins, 110 F.3d at 1372 ).

2015In fact, the court in Collins acknowledged that, under certain circumstances, a “time-limited ban” could be lawful, depending on whether the police had “reliable information that organized violence of a serious nature is about to occur.” 13 Id. (citing to Collins, 110 F.3d at 1371-72 ). 14 Id. at 9 (citing to Collins, 110 F.3d at 1372 ).

22015–2015
The City of El Paso v. Lilli M. Heinrich green
tex · 2009
2 sentences

2009Id. at 373 n.6 (citing Tex. Civ.

2009Id. at 373 n.6 (citing Tex. Civ.

22009–2009
R.K. v. Ramirez green
tex · 1994
2 sentences

2005The exception now terminates the privileges *602 whenever any party relies upon the condition of the patient as a part of the party’s claim or defense, even though the patient has not personally placed the condition at issue, and even though the patient is not a party to the litigation.” Ramirez, 887 S.W.2d at 842 . 4 .

2005The exception now terminates the privileges whenever any party relies upon the condition of the patient as a part of the party's claim or defense, even though the patient has not personally placed the condition at issue, and even though the patient is not a party to the litigation." Ramirez, 887 S.W.2d at 842 . 4.

22005–2005
Trinity Universal Insurance Co. v. Cowan green
tex · 1997
2 sentences

2005In reaching this conclusion, the court noted the rule that whether an event is accidental "is determined from the viewpoint of the insured." Id. at 827 .

2005In reaching this conclusion, the court noted the rule that whether an event is accidental “is determined from the viewpoint of the insured.” Id. at 827 .

22005–2005
Scurlock Oil Co. v. Smithwick green
tex · 1986
2 sentences

2003Birnberg. [2] The Court noted an exception to the rule when "what is called an appeal actually consists of a trial de novo." 724 S.W.2d at 6 . [3] Although this additional argument is useful in this case to illuminate how separate the arbitration proceeding and the claims against the Individual Lawyers were, if an arbitration award is final when entered, this additional separation is probably not necessary because the motion to vacate is itself a separate, subsequent proceeding from the arbitration proceeding. [1] A final judgment as to the Lawyers' arbitration award against Tanox could have b

2003The Court noted an exception to the rule when "what is called an appeal actually consists of a trial de novo.” 724 S.W.2d at 6 . .

22003–2003
Perry v. S.N. green
tex · 1998
2 sentences

2001Perry, 973 S.W.2d at 305-06 ; Ordonez, 984 S.W.2d at 268 .

2001Perry, 973 S.W.2d at 305-06 ; Ordonez, 984 S.W.2d at 268 .

21998–2001
Benton v. Wilmer-Hutchins Independent School District green
texapp · 1983
2 sentences

1995Id. at 698 ; see Tex. Const. art.

1995Id. at 698 ; see Tex. Const. art.

21995–1995
Stanbery v. Wallace green
texcommnapp · 1932
1 sentence

2026The court noted that the clause was “followed by a recital restricting the use of the land to street purposes,” but held that “[s]uch restriction . . . does not operate to limit the grant to a mere easement, as it is generally held that, if the granting clause conveys a fee title to the property, subsequent recitals, which merely limit the use to which the same may be put, do not restrict the conveyance to an easement.” Id.

12026–2026
Ex Parte McKay green
texcrimapp · 1990
1 sentence

2026The right to question a venire panel is balanced with the trial court’s right to control voir dire “in the interest of conducting an orderly and expeditious trial.” Ex parte McKay, 819 S.W.2d at 482 . 2 The trial court noted that defense counsel had been conducting voir dire for more than an hour. 3 “These two principles—the right of counsel to question veniremembers and the right of the trial court to control the voir dire and impose reasonable restrictions—coexist and must be harmonized.” Ratliff v. State, 690 S.W.2d 597, 599 (Tex. Crim.

12026–2026
In Re Union Carbide Corp. green
tex · 2008
1 sentence

2023Id. at 157 . –11– Weighing the detriments and benefits of mandamus relief, the court found significant benefit in granting relief because procedures for the assignment of cases are designed to prevent forum shopping, and practices that subvert such procedures breed disrespect for and threaten the integrity of the judicial system.

12023–2023
Cox v. Johnson green
tex · 1982
1 sentence

2022Id. at 350–51.

12022–2022
Ex Parte Montgomery green
texcrimapp · 1995
12021–2021
Jamestown Partners v. City of Fort Worth green
texapp · 2002
12017–2017
Haddock v. Quinn green
texapp · 2009
12016–2016
Owen v. State green
texapp · 1995
12016–2016
Gulf, Colorado & Santa Fe Railway Co. v. Oakes green
tex · 1900
12016–2016
Turner v. Big Lake Oil Co. green
tex · 1936
12016–2016
Dusek v. State green
texapp · 1998
12015–2015
Lange v. State green
texapp · 2001
12015–2015
State v. White green
texapp · 2007
12015–2015
University of Texas v. Poindexter green
texapp · 2009
12015–2015
Naranjo v. Southwest Independent School District green
texapp · 1989
12014–2014
Missouri v. McNeely green
scotus · 2013
12014–2014
Brown v. State green
texcrimapp · 2003
12012–2012
Paciwest, Inc. v. Warner Alan Properties, LLC green
texapp · 2008
12012–2012
Cameron v. Terrell & Garrett, Inc. green
tex · 1981
12010–2010
Ortiz v. O. J. Beck & Sons, Inc. green
texapp · 1980
12010–2010
Faris v. Faris green
texapp · 1940
12009–2009
Whittington v. City of Austin green
texapp · 2005
12009–2009
Gordon v. Jones green
texapp · 2006
12008–2008
Lucas v. South Carolina Coastal Council green
scotus · 1992
12007–2007
Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich green
scotus · 1976
12007–2007
Jones v. Wolf green
scotus · 1979
12007–2007
University of Texas Medical Branch v. York green
tex · 1994
12005–2005
Travis v. City of Mesquite green
tex · 1992
12005–2005

Statutes the citing opinions construe

TX § Tex. Penal Code § 19.02 (4)

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

IL 165 (1935–2026) CA 132 (1944–2026) TX 114 (1973–2026) LA 74 (1965–2022) OH 62 (1945–2026) FL 61 (1961–2019) PA 60 (1936–2025) WA 48 (1942–2026) NJ 45 (1962–2026) KS 40 (1961–2021) MO 37 (1959–2017) TN 35 (1983–2025) IN 35 (1982–2017) MD 32 (1979–2023) MI 31 (1977–2024) NY 30 (1962–2023) OR 29 (1967–2025) IA 28 (1965–2023) MS 27 (1990–2022) AZ 25 (1976–2024) AL 23 (1940–2026) WI 22 (1966–2026) VA 22 (1989–2026) OK 19 (1980–2019) CT 18 (1993–2025) MN 16 (1959–2014) DC 13 (1977–2005) NC 13 (1986–2021) CO 12 (1982–2020) NE 12 (1988–2026) NM 11 (1961–2012) WY 11 (1956–2011) UT 10 (1983–2025) GA 10 (1973–2014) ID 10 (1982–2022) WV 10 (1994–2021) KY 10 (1983–2023) HI 8 (1999–2016) AR 8 (1987–2017) MA 8 (1967–2026) SC 8 (1985–2026) MT 7 (1994–2013) DE 7 (1923–2024) SD 7 (1988–2026) RI 6 (1985–2023) AK 6 (1971–2006) ND 6 (1974–2025) VT 4 (1981–2024) NV 3 (1979–1993) NH 3 (1976–2016) ME 2 (1973–2006)

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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