594 Texas opinions name it 5 courts 1895–2026 2 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.
| Case | Followed | Cited |
|---|---|---|
Johnson v. Sovereign Camp Woodmen of the Worldgreen2 sentences2015As this court has stated, upon the filing of the application for writ of error “the jurisdiction of the Supreme Court immediately attached,” leaving the court of appeals “without authority to make any order in the case.” Johnson v. Sovereign Camp, W.O.W., 125 Tex. 329, 336 , 83 S.W.2d 605, 608 (1935). 2 Relators also argue that the court of appeals' January 4, 1990 order cannot be justified as an exercise of its plenary power over its judgments, because its period of plenary power over its judgment expired on December 31, 1989, when the term in which the judgment was rendered ended. 3 As this 2015As this court has stated, upon the filing of the application for writ of error “the jurisdiction of the Supreme Court immediately attached,” leaving the court of appeals “without authority to make any order in the case.” Johnson v. Sovereign Camp, W.O.W., 125 Tex. 329, 336 , 83 S.W.2d 605, 608 (1935). 2 Relators also argue that the court of appeals' January 4, 1990 order cannot be justified as an exercise of its plenary power over its judgments, because its period of plenary power over its judgment expired on December 31, 1989, when the term in which the judgment was rendered ended. 3 As this | 7 | 9 |
Ammex Warehouse Company v. Archergreen2 sentences2008Similarly, when an application for writ of error is filed in this Court, our jurisdiction, which is likewise exclusive in nature, attaches to the cause. 381 S.W.2d 478, 482 (Tex.1964). 2008Similarly, when an application for writ of error is filed in this Court, our jurisdiction, which is likewise exclusive in nature, attaches to the cause. 381 S.W.2d 478, 482 (Tex. 1964). | 6 | 9 |
Houston Cable TV, Inc. v. Inwood West Civic Ass'ngreen2 sentences1994Where the Supreme Court, upon the parties’ joint motion, grants an application for writ of error, sets aside judgments of the Court of Appeals and the trial court without reference to the merits, and remands to trial court for entry of judgment in accordance with the settlement agreement of the parties, the Court of Appeals’ opinion is not vacated and its precedential value is equivalent to a “writ dismissed" case. 860 S.W.2d at 73 n. 3. 1994The question of whether this second award altered the time limits for bringing a motion to modify has not been raised on appeal and therefore, is not before us. [3] Where the Supreme Court, upon the parties' joint motion, grants an application for writ of error, sets aside judgments of the Court of Appeals and the trial court without reference to the merits, and remands to trial court for entry of judgment in accordance with the settlement agreement of the parties, the Court of Appeals' opinion is not vacated and its precedential value is equivalent to a "writ dismissed" case. 860 S.W.2d at 73 | 3 | 4 |
Burchfield v. Markhamgreen2 sentences1993The doctrine has also been held not to apply when the Texas Supreme Court either refused the application for writ of error from the prior appeal for "want of jurisdiction" or for "no reversible error.” Trevino, 564 S.W.2d at 685 ; Font v. Howell, 547 S.W.2d 261, 264 (Tex.1977); Burchfield, v. Markham, 294 S.W.2d 795, 798 (Tex.1956). 1993Green v. Priddy, 112 Tex. 567 , 250 S.W. 656, 660 (Tex.1923); Kempner v. Huddleston, 90 Tex. 182 , 37 S.W. 1066 (1896). [7] The doctrine has also been held not to apply when the Texas Supreme Court either refused the application for writ of error from the prior appeal for "want of jurisdiction" or for "no reversible error." Trevino, 564 S.W.2d at 685 ; Font v. Howell, 547 S.W.2d 261, 264 (Tex.1977); Burchfield v. Markham, 294 S.W.2d 795, 798 (Tex.1956). | 3 | 4 |
Fant v. Howellgreen2 sentences1993The doctrine has also been held not to apply when the Texas Supreme Court either refused the application for writ of error from the prior appeal for "want of jurisdiction" or for "no reversible error.” Trevino, 564 S.W.2d at 685 ; Font v. Howell, 547 S.W.2d 261, 264 (Tex.1977); Burchfield, v. Markham, 294 S.W.2d 795, 798 (Tex.1956). 1993Green v. Priddy, 112 Tex. 567 , 250 S.W. 656, 660 (Tex.1923); Kempner v. Huddleston, 90 Tex. 182 , 37 S.W. 1066 (1896). [7] The doctrine has also been held not to apply when the Texas Supreme Court either refused the application for writ of error from the prior appeal for "want of jurisdiction" or for "no reversible error." Trevino, 564 S.W.2d at 685 ; Font v. Howell, 547 S.W.2d 261, 264 (Tex.1977); Burchfield v. Markham, 294 S.W.2d 795, 798 (Tex.1956). | 3 | 4 |
Biggers v. Continental Bus System, Inc.green2 sentences1990Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359, 364 (1957). 1990Biggers v. Continental Bus System, 157 Tex. 351 , 303 S.W.2d 359, 364 (1957). | 3 | 3 |
Humble Oil & Refining Co. v. Stategreen2 sentences1986Humble Oil & Refining Co. v. State, 158 S.W.2d 336, 342 (Tex.Civ.App.1942, writ ref’d). 1944The application for writ of error was refused in the Parker case and the significance of such action is well understood in the light of Texas Rules of Civil Procedure (483), and such authority as Conley v. Abrams, Tex.Civ.App., 7 S.W.2d 674 , Hamilton v. Empire Gas & Fuel Co., 134 Tex. 377 , 110 S.W.2d 561, 565 , Stanolind Oil & Gas Co. et al. v. Edgar et al., Tex.Civ.App., 98 S.W.2d 222, 223 , and Humble Oil & Refining Co. v. State, Tex. Civ.App., 158 S.W.2d 336, 338 . | 2 | 3 |
| Cockburn v. Hightowergreen | 2 | 2 |
| Matter of Tlcgreen | 2 | 2 |
| Hall v. Villarreal Development Corporationgreen | 2 | 2 |
| In Re King's Estategreen | 2 | 2 |
| Stroud v. VBFSB Holding Corp.green | 2 | 2 |
| Mapco, Inc. v. Forrestgreen | 2 | 2 |
| Stewart v. USA Custom Paint & Body Shop, Inc.green | 2 | 2 |
Hamilton v. Empire Gas & Fuel Co.green2 sentences1944The application for writ of error was refused in the Parker case and the significance of such action is well understood in the light of Texas Rules of Civil Procedure (483), and such authority as Conley v. Abrams, Tex.Civ.App., 7 S.W.2d 674 , Hamilton v. Empire Gas & Fuel Co., 134 Tex. 377 , 110 S.W.2d 561, 565 , Stanolind Oil & Gas Co. et al. v. Edgar et al., Tex.Civ.App., 98 S.W.2d 222, 223 , and Humble Oil & Refining Co. v. State, Tex. Civ.App., 158 S.W.2d 336, 338 . 1944The application for writ of error was refused in the Parker case and the significance of such action is well understood in the light of Texas Rules of Civil Procedure (483), and such authority as Conley v. Abrams, Tex.Civ.App., 7 S.W.2d 674 , Hamilton v. Empire Gas & Fuel Co., 134 Tex. 377 , 110 S.W.2d 561, 565 , Stanolind Oil & Gas Co. et al. v. Edgar et al., Tex.Civ.App., 98 S.W.2d 222, 223 , and Humble Oil & Refining Co. v. State, Tex. Civ.App., 158 S.W.2d 336, 338 . | 1 | 3 |
Grayce Oil Co. v. Petersongreen2 sentences1971See also Rule 458 which requires “Any party desiring a rehearing of any matter determined by any Court of Civil Appeals” to file a motion in writing for a rehearing of the judgment or decision of the court, “in which the assignments of error relied upon for the rehearing shall be distinctly specified,” and Rule 469 which in establishing the requisites of an application for writ of error says in subsection (c) that the points of error relied upon must be germane to an assignment of error in the motion for rehearing in the court of civil appeals; and cf. Garyee Oil Co. v. Peterson, 128 Tex. 550 1971See also Rule 458 which requires “Any party desiring a rehearing of any matter determined by any Court of Civil Appeals” to file a motion in writing for a rehearing of the judgment or decision of the court, “in which the assignments of error relied upon for the rehearing shall be distinctly specified,” and Rule 469 which in establishing the requisites of an application for writ of error says in subsection (c) that the points of error relied upon must be germane to an assignment of error in the motion for rehearing in the court of civil appeals; and cf. Garyee Oil Co. v. Peterson, 128 Tex. 550 | 1 | 3 |
| EI Du Pont De Nemours & Co. v. Robinsongreen | 1 | 2 |
| Wich v. Fleminggreen | 1 | 2 |
| Humble Exploration Co. v. Browninggreen | 1 | 2 |
| Ohler v. Trinity Portland Cement Co.green | 1 | 2 |
| Harry Eldridge Co. v. T. S. Lankford & Sons, Inc.green | 1 | 2 |
| Hatcher v. State of Texasgreen | 1 | 2 |
| Schleicher v. Rungegreen | 1 | 2 |
| Oil Field Haulers Ass'n v. Railroad Commissiongreen | 1 | 2 |
| Smith v. Stategreen | 1 | 2 |
| McKelvy v. Barbergreen | 1 | 2 |
| City of San Antonio v. Munozgreen | 1 | 2 |
| Richardson v. Stategreen | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carnation Company v. Wong
green
2 sentences2013The Texas Supreme Court refused the application for writ of error, rejecting all cases from other jurisdictions that allowed the seat belt defense to completely bar a plaintiffs recovery through contributory negligence. 516 S.W.2d at 116 . 2013The Texas Supreme Court refused the application for writ of error, rejecting all cases from other jurisdictions that allowed the seat belt defense to completely bar a plaintiffs recovery through contributory negligence. 516 S.W.2d at 116 . | 4 | 2013–2013 |
Andrews v. Koch
green
2 sentences2011The supreme court refused an application for writ of error in Truelove and later followed the decision in Andrews . 702 S.W.2d at 585 . 2011The supreme court refused an application for writ of error in Truelove and later followed the decision in Andrews. 702 S.W.2d at 585 . | 4 | 2002–2011 |
Ramsey v. Dunlop
green
2 sentences1963When the record affirmatively and conclusively shows that the court rendering the judgment was without jurisdiction of the subject matter, the error will also be regarded as fundamental.” The Supreme Court, in Ramsey v. Dunlop, 1947, 146 Tex. 196 , 205 S.W.2d 979 , in discussing its action in refusing an application for writ of error for want of merit in the case of City of Santa Anna v. Leach, Tex.Civ.App., 173 S.W.2d 193 , said: “It follows that that action did not in any sense amount to a holding that the court of civil appeals is without authority to consider fundamental error when it is a 1963When the record affirmatively and conclusively shows that the court rendering the judgment was without jurisdiction of the subject matter, the error will also be regarded as fundamental.” The Supreme Court, in Ramsey v. Dunlop, 1947, 146 Tex. 196 , 205 S.W.2d 979 , in discussing its action in refusing an application for writ of error for want of merit in the case of City of Santa Anna v. Leach, Tex.Civ.App., 173 S.W.2d 193 , said: “It follows that that action did not in any sense amount to a holding that the court of civil appeals is without authority to consider fundamental error when it is a | 4 | 1954–1963 |
National Compress Co. v. Hamlin
green
2 sentences1961The provisions contained in the second paragraph of Rule 458 did not operate to extend the period of time for the filing of an application for writ of error under the factual situation disclosed by the record before us. 2 Wagner v. Texas & New Orleans Railway Co., reported under style of National Compress Co. v. Hamlin, 114 Tex. 375 , 269 S.W. 1024, 1 .c. 1026. 1961The provisions contained in the second paragraph of Rule 458 did not operate to extend the period of time for the filing of an application for writ of error under the factual situation disclosed by the record before us. 2 Wagner v. Texas & New Orleans Railway Co., reported under style of National Compress Co. v. Hamlin, 114 Tex. 375 , 269 S.W. 1024, 1 .c. 1026. | 4 | 1927–1961 |
Hughes v. Mahaney & Higgins
green
2 sentences2012Id. -3- 04-12-00249-CV On May 21, 1987, the Hughes sued Mahaney for legal malpractice, alleging they would have had standing if they had been named temporary managing conservators in the affidavit. 2012Id. at 156 . *234 The application for writ of error challenging the appellate court’s holding was denied, and the motion for rehearing on the application was overruled on July 10, 1985. | 3 | 1995–2012 |
Star Houston, Inc. v. Shevack
green
2 sentences2009Id. 2009Id. | 3 | 2009–2009 |
Allgeyer v. Louisiana
green
2 sentences2007In doing so, the Court reaffirmed a trilogy of cases, Allgeyer v. Louisiana, 165 U.S. 578 , 17 S.Ct. 427 , 41 L.Ed. 832 (1897), St. 2007In doing so, the Court reaffirmed a trilogy of cases, Allgeyer v. Louisiana, 165 U.S. 578 , 17 S.Ct. 427 , 41 L.Ed. 832 (1897), St. | 3 | 2007–2007 |
State Board of Insurance v. Todd Shipyards Corp.
green
2 sentences2007After the Texas Supreme Court denied the application for writ of error, the United States Supreme Court affirmed our holding in Todd Shipyards, 370 U.S. at 451 , 82 S.Ct. 1380 . 2007After the Texas Supreme Court denied the application for writ of error, the United States Supreme Court affirmed our holding in Todd Shipyards, 370 U.S. at 451 , 82 S.Ct. 1380 . | 3 | 2007–2007 |
Maud, Tax Collector v. Terrell, Comptroller
green
2 sentences1987The supreme court refused the application for writ of error, no reversible error, in a per curiam opinion which included the following statement: Under the holding of this Court in Maud v. Terrell, 109 Tex. 97 , 200 S.W. 375 , it is clear that when the Legislature creates a new or additional cause of action in favor of the State it may also constitutionally authorize the Attorney General to prosecute such cause of action in both the trial and appellate courts of the State. 1987The supreme court refused the application for writ of error, no reversible error, in a per curiam opinion which included the following statement: Under the holding of this Court in Maud v. Terrell, 109 Tex. 97 , 200 S.W. 375 , it is clear that when the Legislature creates a new or additional cause of action in favor of the State it may also constitutionally authorize the Attorney General to prosecute such cause of action in both the trial and appellate courts of the State. | 3 | 1959–1987 |
Smith v. Bramhall
green
2 sentences1979Section 14.09(c) of the Code now enables a spouse to reduce unpaid child support to judgment, and provides that “[t]he judgment may be enforced by any means available for the enforcement of judgments for debts.” The only expression we have found by the Supreme Court of Texas on this matter is in the recent case of Smith v. Bramhall, where the Court, in refusing the application for writ of error with the notation “no reversible error,” noted: Our action should not be interpreted as approving the conclusion of the Court of Civil Appeals that ‘unpaid child support is . a debt for which judgment m 1978No Reversible Error.’ Our action should not be interpreted as approving the conclusion of the Court of Civil Appeals that ‘unpaid child support is. . . .a debt for which judgment may be taken.’ 556 S.W.2d 112, 113 . | 3 | 1978–1979 |
City of Deer Park v. State Ex Rel. Shell Oil Co.
green
2 sentences1971And see City of Deer Park v. State, 154 Tex. 174 , 275 S.W.2d 77 (1955), where this was again delineated. 1960This action is taken pursuant to that part of Rule 483, Texas Rules of Civil Procedure, which reads as follows: “In cases where the decision of the Court of Civil Appeals is in conflict with a previous opinion of the Supreme Court, the Supreme Court may, in its discretion, without the necessity of granting1 the writ and hearing the case, reverse the same on the application for writ of error, making, at the same time, such further orders as. may be appropriate.” We hold that the decision of the Court of Civil Appeals is in conflict with the opinions of this court in Ramsey v. Dunlop, 146 Texas | 3 | 1959–1971 |
City of Deer Park v. State ex rel. Shell Oil Co.
green
2 sentences1971And see City of Deer Park v. State, 154 Tex. 174 , 275 S.W.2d 77 (1955), where this was again delineated. 1960This action is taken pursuant to that part of Rule 483, Texas Rules of Civil Procedure, which reads as follows: “In cases where the decision of the Court of Civil Appeals is in conflict with a previous opinion of the Supreme Court, the Supreme Court may, in its discretion, without the necessity of granting1 the writ and hearing the case, reverse the same on the application for writ of error, making, at the same time, such further orders as. may be appropriate.” We hold that the decision of the Court of Civil Appeals is in conflict with the opinions of this court in Ramsey v. Dunlop, 146 Texas | 3 | 1959–1971 |
Railroad Commission v. MacKhank Petroleum Co.
green
2 sentences1971“Trials in the Supreme Court shall be only upon the questions of law raised by the assignments of error in the application for writ of error * * Rule 476, Texas Rules of Civil Procedure. 1 This Court said in Railroad Commission v. Mackhank Petroleum Co., 144 Tex. 393 , 190 S.W.2d 802 (1946) that “The Supreme Court is not clothed with supervisory powers over courts of civil appeals, but in cases which reach it by writ of error its review is limited to questions of law raised by assignments in the application.” It was also there said that Rule 476 sanctions a practice long obtaining in this Cour 1971“Trials in the Supreme Court shall be only upon the questions of law raised by the assignments of error in the application for writ of error * * Rule 476, Texas Rules of Civil Procedure. 1 This Court said in Railroad Commission v. Mackhank Petroleum Co., 144 Tex. 393 , 190 S.W.2d 802 (1946) that “The Supreme Court is not clothed with supervisory powers over courts of civil appeals, but in cases which reach it by writ of error its review is limited to questions of law raised by assignments in the application.” It was also there said that Rule 476 sanctions a practice long obtaining in this Cour | 3 | 1954–1971 |
Holland v. Nimitz
green
2 sentences1963The Supreme Court in Isenhower refused to consider the assignments by Bell filed in this Court under which the judgment could have been reversed and rendered in his favor, Bell not filing an application for writ of error, saying that since we reversed and remanded the case that Court could only “review the points of error in Bell’s brief in the Court of Civil Appeals to see if there was error assigned which would support the judgment of the Court of Civil Appeals.” The rule, as stated in the leading case of Holland v. Nimitz, 111 Tex. 419 , 232 S.W. 298 , 239 S.W. 185 , is: “But it seems to be 1963The Supreme Court in Isenhower refused to consider the assignments by Bell filed in this Court under which the judgment could have been reversed and rendered in his favor, Bell not filing an application for writ of error, saying that since we reversed and remanded the case that Court could only “review the points of error in Bell’s brief in the Court of Civil Appeals to see if there was error assigned which would support the judgment of the Court of Civil Appeals.” The rule, as stated in the leading case of Holland v. Nimitz, 111 Tex. 419 , 232 S.W. 298 , 239 S.W. 185 , is: “But it seems to be | 3 | 1926–1963 |
Garitty v. Rainey
green
2 sentences1957The application for writ of error obviously does not disclose a conflict of decisions within the rule of Garitty v. Rainey, 112 Texas 369 , 247 S.W. 825 and Dockum v. Mercury Ins. 1957The application for writ of error obviously does not disclose a conflict of decisions within the rule of Garitty v. Rainey, 112 Texas 369 , 247 S.W. 825 and Dockum v. Mercury Ins. | 3 | 1954–1957 |
Ford v. Magnolia Petroleum Co.
green
2 sentences1943Ford v. Magnolia Petroleum Co., 118 Texas 461 , 17 S. W. (2d) 36 .” This question was again before this Court in the case of Rowan v. Allen, 134 Texas 215 , 134 S. W. (2d) 1022 , and in an opinion written by Judge Hickman the rule announced in the Shuford and Robertson cases was reiterated. 1943Ford v. Magnolia Petroleum Co., 118 Texas 461 , 17 S. W. (2d) 36 .” This question was again before this Court in the case of Rowan v. Allen, 134 Texas 215 , 134 S. W. (2d) 1022 , and in an opinion written by Judge Hickman the rule announced in the Shuford and Robertson cases was reiterated. | 3 | 1934–1943 |
Commercial Standard Insurance v. Hayes
neutral
2 sentences1942As noted at the beginning of this opinion, the Honorable Court of Civil Appeals felt constrained to reverse its former holding made in the Landry case because of an opinion by this court on an application for writ of error in the Hayes case reported in 135 Texas 288 , 142 S. W. (2d) 897 . 1942As noted at the beginning of this opinion, the Honorable Court of Civil Appeals felt constrained to reverse its former holding made in the Landry case because of an opinion by this court on an application for writ of error in the Hayes case reported in 135 Texas 288 , 142 S. W. (2d) 897 . | 3 | 1941–1942 |
Texas Employers Insurance v. Moore
neutral
2 sentences1938This decision was challenged by assignments in the application for writ of error granted by the Supreme Court and it was held in an opinion by the Commission of Appeals adopted by the Court that the Court of Civil Appeals correctly disposed of the questions presented by the assignments. 123 Texas 302 , 70 S. W. (2d) 702 . 1938This decision was challenged by assignments in the application for writ of error granted by the Supreme Court and it was held in an opinion by the Commission of Appeals adopted by the Court that the Court of Civil Appeals correctly disposed of the questions presented by the assignments. 123 Texas 302 , 70 S. W. (2d) 702 . | 3 | 1936–1938 |
Marshburn v. Stewart
neutral
2 sentences1931Tweed v. Western Union Telegraph Co., 107 Tex. 255 , 177 S.W. 957 ; Marshburn v. Stewart, 113 Tex. 519 , 260 S.W. 565 . 1931Tweed v. Western Union Telegraph Co., 107 Texas, 255 , 177 S. W., 957 ; Marshburn v. Stewart, 113 Texas, 519 , 260 S. W., 565 . | 3 | 1931–1931 |
Tweed v. Western Union Telegraph Company
neutral
2 sentences1931Tweed v. Western Union Telegraph Co., 107 Tex. 255 , 177 S.W. 957 ; Marshburn v. Stewart, 113 Tex. 519 , 260 S.W. 565 . 1931Tweed v. Western Union Telegraph Co., 107 Texas, 255 , 177 S. W., 957 ; Marshburn v. Stewart, 113 Texas, 519 , 260 S. W., 565 . | 3 | 1931–1931 |
Vinson v. W. T. Carter & Bros.
green
2 sentences1927Vinson v. Carter, 106 Tex. 273 , 166 S. W. 363 . 1920Carter & Bro., 106 Tex. 273 , 166 S. W. 363 . [1] It is essential to the jurisdiction of the Supreme Court to review a case of this character, for the application for writ of error to show that a motion for rehearing was filed in the Court of Civil Appeals presenting the points on which the writ is asked. | 3 | 1920–1927 |
| McDougal v. State green | 3 | 1920–1920 |
| City Council of Austin v. Save Our Springs Coalition green | 2 | 2015–2015 |
| Capital Income Properties-LXXX v. Waldman green | 2 | 1992–2015 |
| Butts v. Capitol City Nursing Home, Inc. green | 2 | 2013–2013 |
| Gorrell v. Texas Utilities Electric Co. green | 2 | 1997–2004 |
| Armstrong v. Manzo green | 2 | 1972–1999 |
| Brown v. RepublicBank First National Midland green | 2 | 1995–1995 |
| McCarty v. McCarty red | 2 | 1995–1995 |
| Trevino v. Turcotte green | 2 | 1993–1993 |
| Travel Masters, Inc. v. Star Tours, Inc. green | 2 | 1992–1992 |
| Holyfield v. Members Mutual Insurance Co. green | 2 | 1992–1992 |
| Springfield v. Aetna Casualty & Surety Insurance Co. green | 2 | 1992–1992 |
| Jensen v. First City National Bank green | 2 | 1983–1985 |
| Evans v. State green | 2 | 1983–1985 |
| In Re the Adjudication of the Upper Guadalupe River Segment of the Guadalupe River Basin green | 2 | 1982–1982 |
| Carnation Co. v. Borner green | 2 | 1981–1981 |
| Briscoe v. Gulf Supply Co., Inc. green | 2 | 1981–1981 |
| State v. Wynn green | 2 | 1979–1980 |
| Texas State Board of Dental Examiners v. Fieldsmith yellow | 2 | 1966–1980 |
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.