has recognized rule (Texas) · Go Syfert
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has recognized rule in Texas

15 Texas opinions name it 3 courts 1952–2016 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 (14)

CaseFollowedCited
Brown & Brown of Texas, Inc. v. Omni Metals, Inc.green
texapp · 2010 · cited in 3 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Brown & Brown, 317 S.W.3d at 400 ; see also MRO Sw., Inc. v. Target Corp., No. 04-07-00078-CV, 2007 WL 4403912 , at *2 (Tex.App.-San Antonio Dec. 19, 2007, pet. denied) (mem. op.).

2011See Brown & Brown, 317 S.W.3d at 400 ; see also MRO Sw., Inc. v. Target Corp., No. 04-07-00078-CV, 2007 WL 4403912 , at *2 (Tex.App.-San Antonio Dec. 19, 2007, pet. denied) (mem. op.).

33
In Re J.O.A.green
tex · 2009 · cited in 2 Texas opinions naming this issue, 2007–2011
2 sentences

2011See In re K.L.L.H., No. 06-09-00067-CV, 2010 WL 87043 , at *5 (Tex. App.—Texarkana Jan. 12, 2010, no pet.) (mem. op.) (citing In re J.O.A., 283 S.W.3d 336, 339 (Tex. 2009)).

2007See In re K.L.L.H. , No. 06-09-00067-CV, 2010 WL 87043 , at *5 (Tex. App.—Texarkana Jan. 12, 2010, no pet.) (mem. op.) (citing In re J.O.A. , 283 S.W.3d 336, 339 (Tex. 2009)).

22
McAfee, Inc. v. Agilysys, Inc.green
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See McAfee, Inc. v. Agilysys, Inc., 316 S.W.3d 820, 828 (Tex. App.—Dallas 2010, no pet.).

11
McIntyre v. Wilsongreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016If the summary 36 See Argument Sections III, IV, V, and VI, supra. 37 McIntyre v. Wilson, 50 S.W.3d 674, 684-85 (Tex. App.—Dallas 2001, pet. denied). -7- judgment grounds are broad enough to contemplate all causes of action later pled, then summary judgment may properly be rendered on the later claims even without an amended or supplemental motion.38 This Court adopted the exception in Smith v. Heard: Courts have granted summary judgments on causes of action not specifically addressed in a movant's motion if the movant has conclusively disproven an ultimate fact which is central to all causes

11
Chamberlain v. Stategreen
texcrimapp · 1999 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015It seems 4 Chamberlain v. State, 998 S.W.2d 230, 238 (Tex. Crim.

11
Judwin Properties, Inc. v. Griggs & Harrisongreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002If the summary judgment grounds are broad enough to contemplate all causes of action later pled, then summary judgment may properly be rendered on the later claims even without an amended or supplemental motion. (3) See Judwin Props., Inc. v. Griggs & Harrison , 911 S.W.2d 498, 502 (Tex. App.--Houston [1st Dist.] 1995, no writ); accord Farah v. Mafrige & Kormanik, P.C. , 927 S.W.2d 663, 671-72 (Tex. App.--Houston [1st Dist.] 1996, no writ); see also Elliott , 54 S.W.3d at 794 n.4 (distinguishing Judwin ) .

11
Elliott v. Methodist Hospitalgreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002If the summary judgment grounds are broad enough to contemplate all causes of action later pled, then summary judgment may properly be rendered on the later claims even without an amended or supplemental motion. (3) See Judwin Props., Inc. v. Griggs & Harrison , 911 S.W.2d 498, 502 (Tex. App.--Houston [1st Dist.] 1995, no writ); accord Farah v. Mafrige & Kormanik, P.C. , 927 S.W.2d 663, 671-72 (Tex. App.--Houston [1st Dist.] 1996, no writ); see also Elliott , 54 S.W.3d at 794 n.4 (distinguishing Judwin ) .

11
Farah v. Mafrige & Kormanik, P.C.green
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2002–2002
1 sentence

2002If the summary judgment grounds are broad enough to contemplate all causes of action later pled, then summary judgment may properly be rendered on the later claims even without an amended or supplemental motion. (3) See Judwin Props., Inc. v. Griggs & Harrison , 911 S.W.2d 498, 502 (Tex. App.--Houston [1st Dist.] 1995, no writ); accord Farah v. Mafrige & Kormanik, P.C. , 927 S.W.2d 663, 671-72 (Tex. App.--Houston [1st Dist.] 1996, no writ); see also Elliott , 54 S.W.3d at 794 n.4 (distinguishing Judwin ) .

11
Gibbons v. District of Columbiagreen
scotus · 1886 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, "the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation." Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, "the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation." Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.

11
Village of Oak Park v. Rosewellgreen
illappct · 1983 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, "the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation." Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, “the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation.” Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.App.3d 497 , 71 Ill.Dec. 293, 295-96 , 450 N.E.2d 981, 983-84 (1983); In

11
Christian Home for the Aged, Inc. v. Tennessee Assessment Appeals Commissiongreen
tennctapp · 1990 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992App.3d 497 , 71 Ill.Dec. 293, 295-96 , 450 N.E.2d 981, 983-84 (1983); In re Open Door Baptist Church, 63 Pa.Cmwlth. 292 , 437 A.2d 1291, 1292 (1981); Christian Home for the Aged v. Tennessee Assessment *117 Appeals Comm'n, 790 S.W.2d 288, 291 (Tenn.Ct.App.1990).

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, “the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation.” Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.App.3d 497 , 71 Ill.Dec. 293, 295-96 , 450 N.E.2d 981, 983-84 (1983); In

11
In re Appeal of the Open Door Baptist Churchgreen
pacommwct · 1981 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, “the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation.” Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.App.3d 497 , 71 Ill.Dec. 293, 295-96 , 450 N.E.2d 981, 983-84 (1983); In

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, “the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation.” Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.App.3d 497 , 71 Ill.Dec. 293, 295-96 , 450 N.E.2d 981, 983-84 (1983); In

11
Morris v. Lone Star Chapter No. 6green
tex · 1887 · cited in 1 Texas opinions naming this issue, 1992–1992
2 sentences

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, "the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation." Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.

1992For more than a century, this court has recognized the rule prevailing nationwide that when a building is owned by a tax-exempt organization, "the renting of even a part of the building for profit, though the proceeds be devoted exclusively to charity, subjects such part, at least, to taxation." Morris v. Lone Star Chapter No. 6, 68 Tex. 698, 704 , 5 S.W. 519, 521 (1887) (citations omitted); see also Gibbons v. District of Columbia, 116 U.S. 404 , 6 S.Ct. 427 , 29 L.Ed. 680 (1886); Village of Oak Park v. Rosewell, 115 Ill.

11
Ex Parte Muncygreen
· 1913 · cited in 1 Texas opinions naming this issue, 1952–1952
2 sentences

1952See Ex parte Muncy, 72 Tex. Cr.

1952See Ex parte Muncy, 72 Tex.Cr.R. 541 , 163 S.W. 29 , supra. We do not understand that the use of the word "truthfully" results in a conditional immunity.

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 (6)

CaseCitedYears
Green v. United States green
scotus · 1957
2 sentences

2000The Court held in Green v. United States, 355 U.S. 184, 191-92 , 78 S.Ct. 221, 225-26 , 2 L.Ed.2d 199 (1957), that a defendant had not waived his constitutional rights under the Double Jeopardy Clause by making a successful appeal of an improper conviction for second degree murder.

2000The Court held in Green v. United States, 355 U.S. 184, 191-92 , 78 S.Ct. 221, 225-26 , 2 L.Ed.2d 199 (1957), that a defendant had not waived his constitutional rights under the Double Jeopardy Clause by making a successful appeal of an improper conviction for second degree murder.

12000–2000
State v. Tennison green
tex · 1974
1 sentence

1986State v. Tennison, supra; Lower Neches Valley Authority v. Murphy, supra. To hold otherwise would be to do the very thing Justice Reavley warned against in his concurring opinion in the Tennison case.

11986–1986
Lower Neches Valley Authority v. Murphy green
tex · 1976
1 sentence

1986State v. Tennison, supra; Lower Neches Valley Authority v. Murphy, supra. To hold otherwise would be to do the very thing Justice Reavley warned against in his concurring opinion in the Tennison case.

11986–1986
Outlaw v. Noland green
texapp · 1974
1 sentence

1980Outlaw v. Noland, 506 S.W.2d 734 (Tex.Civ.App.—Houston [1st Dist.] no writ history).

11980–1980
Ivy v. State green
texcrimapp · 1955
2 sentences

1973The appellant cites Ivy v. State, 161 Tex.Cr.R. 371 , 277 S.W.2d 712 , which contains language in an opinion on motion for rehearing that this Court has recognized the doctrine of entrapment proof of which makes an entrapping person an accomplice witness because he has become a party to the crime.

1973The appellant cites Ivy v. State, 161 Tex.Cr.R. 371 , 277 S.W.2d 712 , which contains language in an opinion on motion for rehearing that this Court has recognized the doctrine of entrapment proof of which makes an entrapping person an accomplice witness because he has become a party to the crime.

11973–1973
Counselman v. Hitchcock green
scotus · 1892
2 sentences

1952This court has recognized this rule announced by the Supreme Court in Counselman v. Hitchcock, 142 U.S. 547 , 12 S.Ct. 195 , 35 L.Ed. 1110 .

1952This court has recognized this rule announced by the Supreme Court in Counselman v. Hitchcock, 142 U.S. 547 , 12 S.Ct. 195 , 35 L.Ed. 1110 .

11952–1952

Statutes the citing opinions construe

TX § Tex. Fam. Code § 101.007 (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

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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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