complaining party asserts error (Texas) · Go Syfert
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complaining party asserts error in Texas

16 Texas opinions name it 1 courts 1991–2025 6 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 (5)

CaseFollowedCited
Burke v. Central Education Agencygreen
texapp · 1987 · cited in 5 Texas opinions naming this issue, 1991–2025
2 sentences

1999This Court, in Burke v. Central Texas Education Agency , 725 S.W.2d 393, 397 (Tex. App.--Austin 1987, writ ref'd n.r.e.), explained that the motion for rehearing must state for each contention of error: "(1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests." Burke , 725 S.W.2d at 397 .

1999This Court, in Burke v. Central Texas Education Agency , 725 S.W.2d 393, 397 (Tex. App.--Austin 1987, writ ref'd n.r.e.), explained that the motion for rehearing must state for each contention of error: "(1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests." Burke , 725 S.W.2d at 397 .

45
BFI Waste Systems of North America, Inc. v. Martinez Environmental Groupgreen
texapp · 2002 · cited in 4 Texas opinions naming this issue, 2005–2025
2 sentences

2025“The motion must set forth: (1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests.” Id.

2017After noting the purpose of a motion for rehearing, the court explained that in order to preserve an error for judicial review, the motion for rehearing “must set forth: (1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests.” Id. (citing Burke v. Cent.

24
Texas Alcoholic Beverage Commission v. Quintanagreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2012–2025
2 sentences

2025See, e.g., Texas Alcoholic Beverage Com’n v. Quintana, 225 S.W.3d 200, 203-204 (Tex. App.–El Paso 2005, pet. denied) (stating that to preserve an issue for judicial review, the plaintiff’s motion for rehearing before the agency “must set forth: (1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests”).

2025To preserve an issue for judicial review, plaintiff’s motion for rehearing before the agency “must set forth: (1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests” E.g., Quintana, 225 S.W.3d at 203 .

22
Central Power & Light Co./Cities of Alice v. Public Utility Commissiongreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2002–2002
2 sentences

2002Comm'n , 36 S.W.3d 547, 569 (Tex. App.--Austin 2000, pet. denied); Burke v. Central Educ.

2002Comm’n, 36 S.W.3d 547, 569 (Tex. App.—Austin 2000, pet. denied); Burke v. Central Educ.

22
Upper Trinity Regional Water District v. National Wildlife Federationgreen
texapp · 2017 · cited in 2 Texas opinions naming this issue, 2023–2025
2 sentences

2025Id.; Upper Trinity Id. § 7.067(a-1).

2023To preserve an issue for review, the motion must set out “(1) the particular finding of fact, conclusion of law, ruling, or other action by the agency which the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests.” Upper Trinity Reg’l Water Dist. v. National Wildlife Fed’n, 514 S.W.3d 855, 870 (Tex. App.—Houston [1st Dist.] 2017, no pet.).

12

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 (2)

CaseCitedYears
Suburban Utility Corp. v. Public Utility Commission green
tex · 1983
2 sentences

2022Id. (citing Burke v. Central Educ.

2014The fair notice standard of section 2001.45 “requires the complaining party to set forth succinctly (1) the particular finding of fact, conclusion of law, ruling, or other action by the agency that the complaining party asserts was error; and (2) the legal basis upon which the claim of error rests.” Id. at 821 (citing Burke v. Cent.

22014–2022
City of Amarillo v. Railroad Com'n of Texas green
texapp · 1995
1 sentence

2015City of Amarillo, 894 S.W.2d at 496-97 .

12015–2015

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