Smiths claim (Texas) · Go Syfert
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Smiths claim in Texas

15 Texas opinions name it 2 courts 1993–2025 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.

Followed or applied (8)

CaseFollowedCited
Smith v. Patrick W.Y. Tam Trustgreen
texapp · 2007 · cited in 4 Texas opinions naming this issue, 2009–2024
2 sentences

2024Tam Trust, 235 S.W.3d 819, 828 (Tex. App.—Dallas 2007) (“Because the Trust presented competent, uncontroverted evidence of its right to attorney’s fees and because the Smiths did not challenge the amount, nature, or necessity of these fees, we conclude the trial judge abused his discretion in awarding $7500.”), rev’d, 296 S.W.3d 545 (Tex. 2009).

2020Tam Trust, 235 S.W.3d 819, 828 (Tex. App.—Dallas 2007) (“Because the Trust presented competent, uncontroverted evidence of its right to attorney’s fees and because the Smiths did not challenge the amount, nature, or necessity of these fees, we conclude the trial judge abused his discretion in awarding $7500.”), rev’d, 296 S.W.3d 545 (Tex. 2009).

34
Bowie Memorial Hospital v. Wrightgreen
tex · 2002 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See Bowie Mem’l Hosp., 79 S.W.3d at 52 ; Palacios, 46 S.W.3d at 879 .

2010See Bowie Mem’l, 79 S.W.3d at 52 ; Palacios, 46 S.W.3d at 879 .

22
Rohrmoos Venture, Eric Langford, Dan Basso, and Tobin Grove v. Utsw DVA Healthcare, Llpgreen
tex · 2019 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 480 (Tex. 2019) (courts are to broadly construe issues to encompass core questions).

11
Flores v. Millennium Interests, Ltd.green
tex · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Flores v. Millennium, Interests, Ltd., 185 S.W.3d 427, 429 (Tex.2005).

2015See Flores v. Millennium, Interests, Ltd., 185 S.W.3d 427, 429 (Tex.2005).

11
Davis v. Sinclair Refining Co.green
texapp · 1985 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010Accordingly, we hold that Oliver’s claims against Hexion, his employer, arising from his abestos-exposure while working at the Hexion facility as an employee of Smith-Douglas, are barred by the exclusive remedy provision of the Act. *382 We decline the Smiths’ request to apply, on the facts presented, the “dual-persona” doctrine as a means to avoid the exclusive remedy provision of the Act. 10 See Davis, 704 S.W.2d at 414 (explaining that “dual persona” doctrine is “a concept based upon the surviving corporation’s responsibilities under the statutory merger scheme as separate from its role as

11
First Title Co. of Waco v. Garrettgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003First Title of Waco v. Garrett, 860 S.W.2d 74, 78 (Tex.1993).

11
Neagle v. Nelsongreen
tex · 1985 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993Neagle v. Nelson, 685 S.W.2d 11, 12 (Tex.1985).

11
Chrysler Corp. v. Honorable Robert Blackmongreen
tex · 1992 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993See Chrysler Corp., 841 S.W.2d at 850 ; see also Braden, 811 S.W.2d at 929 .

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
Smith v. Patrick W.Y. Tam Trust green
tex · 2009
2 sentences

2024Tam Trust, 235 S.W.3d 819, 828 (Tex. App.—Dallas 2007) (“Because the Trust presented competent, uncontroverted evidence of its right to attorney’s fees and because the Smiths did not challenge the amount, nature, or necessity of these fees, we conclude the trial judge abused his discretion in awarding $7500.”), rev’d, 296 S.W.3d 545 (Tex. 2009).

2020Tam Trust, 235 S.W.3d 819, 828 (Tex. App.—Dallas 2007) (“Because the Trust presented competent, uncontroverted evidence of its right to attorney’s fees and because the Smiths did not challenge the amount, nature, or necessity of these fees, we conclude the trial judge abused his discretion in awarding $7500.”), rev’d, 296 S.W.3d 545 (Tex. 2009).

22020–2024
Ragsdale v. Progressive Voters League green
tex · 1990
2 sentences

2014Because the attorney's fees evidence met those (citing Ragsdale, 801 S.W.2d at 881 ).

2009The court of appeals vacated the $7,500 attorney’s fee award and rendered judgment for $47,438.75 instead, holding that “[bjecause the Trust presented competent, uncontroverted evidence of its right to attorney’s fees and because the Smiths did not challenge the amount, nature, or necessity of these fees ... the trial judge abused his discretion in awarding $7,500.” 235 S.W.3d 819, 828 (citing Ragsdale, 801 S.W.2d at 881 ).

22009–2014
American Transitional Care Centers of Texas, Inc. v. Palacios green
tex · 2001
2 sentences

2010See Bowie Mem’l Hosp., 79 S.W.3d at 52 ; Palacios, 46 S.W.3d at 879 .

2010See Bowie Mem’l, 79 S.W.3d at 52 ; Palacios, 46 S.W.3d at 879 .

22010–2010
Nicholson v. Herman green
texapp · 1999
1 sentence

2018Id. at 57 .

12018–2018
Smith v. Babcock & Wilcox Construction Co. green
tex · 1996
1 sentence

2009Id.

12009–2009
Smith v. Union Automobile Indemnity Co. green
illappct · 2001
1 sentence

2007Smith, 257 Ill.

12007–2007

Where else courts name it

TX 15 (1993–2025) UT 7 (1990–2014) CA 6 (1968–2021) OH 6 (1997–2008) AL 4 (1997–2007) WA 3 (1980–2006) WI 2 (1998–2026) GA 2 (1993–2025) ND 2 (2013–2014) NY 2 (2004–2004) IN 2 (1988–2019)

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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