mathematical error (Texas) · Go Syfert
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mathematical error in Texas

14 Texas opinions name it 1 courts 1904–2024 4 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 (13)

CaseFollowedCited
In Re MAWgreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See In re E.D., 127 S.W.3d 860, 862 (Tex. App.—Austin 2004, no pet.); In re M.A.W., 55 S.W.3d 101, 103-04 (Tex. App.—Amarillo 2001, no pet.); see also Forcey v. State, 265 S.W.3d 921, 925 (Tex. App.—Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court’s intent).

2010See In re E.D. , 127 S.W.3d 860, 862 (Tex. App.--Austin 2004, no pet.); In re M.A.W. , 55 S.W.3d 101, 103-04 (Tex. App.--Amarillo 2001, no pet.); see also Forcey v. State , 265 S.W.3d 921, 925 (Tex. App.--Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court's intent).

22
In Re EDgreen
texapp · 2004 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See In re E.D., 127 S.W.3d 860, 862 (Tex. App.—Austin 2004, no pet.); In re M.A.W., 55 S.W.3d 101, 103-04 (Tex. App.—Amarillo 2001, no pet.); see also Forcey v. State, 265 S.W.3d 921, 925 (Tex. App.—Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court’s intent).

2010See In re E.D. , 127 S.W.3d 860, 862 (Tex. App.--Austin 2004, no pet.); In re M.A.W. , 55 S.W.3d 101, 103-04 (Tex. App.--Amarillo 2001, no pet.); see also Forcey v. State , 265 S.W.3d 921, 925 (Tex. App.--Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court's intent).

22
Forcey v. Stategreen
texapp · 2008 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See In re E.D., 127 S.W.3d 860, 862 (Tex. App.—Austin 2004, no pet.); In re M.A.W., 55 S.W.3d 101, 103-04 (Tex. App.—Amarillo 2001, no pet.); see also Forcey v. State, 265 S.W.3d 921, 925 (Tex. App.—Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court’s intent).

2010See In re E.D. , 127 S.W.3d 860, 862 (Tex. App.--Austin 2004, no pet.); In re M.A.W. , 55 S.W.3d 101, 103-04 (Tex. App.--Amarillo 2001, no pet.); see also Forcey v. State , 265 S.W.3d 921, 925 (Tex. App.--Austin 2008, no pet.) (trial court judgment can be modified to accurately reflect court's intent).

22
In the Interest of M.C.R.green
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842, 860 (Tex.2005) (quoting Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (Tex. 1920)) (courts must take statutes as they find them). [2] Although we acknowledge the saying that a trial court acts as "a mere scrivener" and "mechanically tallies the amount of arrearages," see In re M.C.R., 55 S.W.3d at 109 , calculating the amount of arrears in this case from the three documents introduced into evidence would be a mathematical challenge a trial judge should not be required to undertake.

2011Although we acknowledge the saying that a trial court acts as “a mere scrivener” and "mechanically tallies the amount of arrearag-es," see In re M.C.R., 55 S.W.3d at 109 , calculating the amount of arrears in this case from the three documents introduced into evidence would be a mathematical challenge a trial judge should not be required to undertake.

12
Bocquet v. Herringgreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Sixty percent of the total fraud damages plus $6,750 is $213,604.45. 6 (Tex. App.—El Paso 2018, no pet.) (citing Bocquet v. Herring, 972 S.W.2d 19, 21 (Tex. 1998)).

11
Republic Petroleum LLC and Republic Petroleum Partners, LP v. Dynamic Offshore Resources NS LLC and W&T Offshore Inc.green
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023After Maheen pointed out that Syed provided no further explanation, Syed conceded in his reply brief that the summary contains no mathematical error. 12 sufficient when it “would enable reasonable and fair-minded people to differ in their conclusions”); Republic Petroleum, 474 S.W.3d at 433 (evidence factually sufficient if it is not “so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust”).

11
City of Keller v. Wilsongreen
tex · 2005 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005) (evidence is legally 6 We note that Syed argued in his opening brief that this document “contains a mathematical error wherein the various transfers and cash withdrawals do not add up to the $163,377 total” and, further, that the district court miscalculated the equalization judgment by $30,000.

11
Apex Plumbing Supply, Incorporated Harold Falchick v. U.S. Supply Company, Incorporatedgreen
ca4 · 1998 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022“Evident material miscalculation” in 9 U.S.C. § 11 (a) refers to a mathematical error on the face of the award. 9 U.S.C. § 11 (a); see Mid Atlantic Capital Corp. v. Bien, 956 F.3d 1182 , 1192–93 (10th Cir. 2020); Apex Plumbing Supply, Inc. v. U.S. Supply Co., 142 F.3d 188, 194 (4th Cir. 1998).

11
Mid Atlantic Capital v. Biengreen
ca10 · 2020 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022“Evident material miscalculation” in 9 U.S.C. § 11 (a) refers to a mathematical error on the face of the award. 9 U.S.C. § 11 (a); see Mid Atlantic Capital Corp. v. Bien, 956 F.3d 1182 , 1192–93 (10th Cir. 2020); Apex Plumbing Supply, Inc. v. U.S. Supply Co., 142 F.3d 188, 194 (4th Cir. 1998).

11
Sibley v. RMA Partners, L.P./Sixth RMA Partners, L.P.green
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Sibley v. RMA Partners, L.P./Sixth RMA Partners, L.P., 138 S.W.3d 455, 458-59 (Tex. App.—Beaumont 2004, no pet.) (reasoning that trial court could have considered expert’s testimony that case was complicated and time consuming and 9 Although Wells Fargo initially requested $204,343.14 in attorney’s fees, the company reduced its request to $180,163.50 based on a mathematical error.

11
Diversicare General Partner, Inc. v. Rubiogreen
tex · 2005 · cited in 1 Texas opinions naming this issue, 2011–2011
1 sentence

2011See Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842, 860 (Tex.2005) (quoting Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (Tex. 1920)) (courts must take statutes as they find them). [2] Although we acknowledge the saying that a trial court acts as "a mere scrivener" and "mechanically tallies the amount of arrearages," see In re M.C.R., 55 S.W.3d at 109 , calculating the amount of arrears in this case from the three documents introduced into evidence would be a mathematical challenge a trial judge should not be required to undertake.

11
Simmons v. Arnimgreen
· 1920 · cited in 1 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842, 860 (Tex.2005) (quoting Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (Tex. 1920)) (courts must take statutes as they find them). [2] Although we acknowledge the saying that a trial court acts as "a mere scrivener" and "mechanically tallies the amount of arrearages," see In re M.C.R., 55 S.W.3d at 109 , calculating the amount of arrears in this case from the three documents introduced into evidence would be a mathematical challenge a trial judge should not be required to undertake.

2011See Diversicare General Partner, Inc. v. Rubio, 185 S.W.3d 842, 860 (Tex.2005) (quoting Simmons v. Arnim, 110 Tex. 309 , 220 S.W. 66, 70 (Tex. 1920)) (courts must take statutes as they find them). [2] Although we acknowledge the saying that a trial court acts as "a mere scrivener" and "mechanically tallies the amount of arrearages," see In re M.C.R., 55 S.W.3d at 109 , calculating the amount of arrears in this case from the three documents introduced into evidence would be a mathematical challenge a trial judge should not be required to undertake.

11
Whiting v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 1995–1995
2 sentences

1995Whit ing v. State, 797 S.W.2d 45, 48 (Tex.Crim.

1995Whiting *657 v. State, 797 S.W.2d 45, 48 (Tex.Crim.

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 (9)

CaseCitedYears
Howe v. Howe green
texapp · 2018
1 sentence

2024STANDARD OF REVIEW A trial court abuses its discretion when it “acts arbitrarily, unreasonably, without regard to guiding legal principles, or without supporting evidence.” Howe v. Howe, 551 S.W.3d 236 , 250 5 This appears to be a minor mathematical error.

12024–2024
Travelers Companies v. Wolfe green
texapp · 1992
1 sentence

2023Travelers Cos. v. Wolfe, 838 S.W.2d 708 , 710 n.2 (Tex. App.—Amarillo 1992, no writ). - 17 - 04-21-00372-CV interest.

12023–2023
General Life & Accident Insurance Co. v. Higginbotham green
texapp · 1988
1 sentence

2003Higginbotham , 750 S.W.2d at 20 . 2: In light of our holding that the trial court possessed jurisdiction to amend the return of citation, we need not address Briggs’s contention in her appellee’s brief that the amendment of the return of citation relates back to the initial filing of the return. 3: Briggs’s medical records and bills were proved up via self-authenticating affidavits and were admitted into evidence at the hearing. 4: These figures actually total $233,365.62, but Dawson does not challenge this mathematical error, so we do not address it. 5: We do not review the legal sufficiency

12003–2003
Clay v. State of Texas green
texapp · 1987
2 sentences

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. refd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.—Houston [1st Dist.] 1988, no pet.).

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. ref'd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.— Houston [1st Dist.] 1988, no pet.).

11995–1995
Wheatly v. State green
texapp · 1988
2 sentences

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. refd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.—Houston [1st Dist.] 1988, no pet.).

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. ref'd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.— Houston [1st Dist.] 1988, no pet.).

11995–1995
Jones v. State green
texapp · 1987
2 sentences

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. refd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.—Houston [1st Dist.] 1988, no pet.).

1995Appellant asserts that three decisions control the disposition of this point: Jones v. State, 725 S.W.2d 770 (Tex.App.—Dallas 1987, pet. ref'd); Clay v. State, 741 S.W.2d 209 (Tex.App.—Dallas 1987, pet. ref'd); and Wheatly v. State, 764 S.W.2d 271 (Tex.App.— Houston [1st Dist.] 1988, no pet.).

11995–1995
Hernandez v. Baucum green
texapp · 1961
2 sentences

1968Justice Pope had this to say relative to such contentions in the case of Hernandez v. Baucum, 344 S.W.2d 498 (Tex.Civ.App.-San Antonio 1961, n.r.e.): "The propriety of arguments grounded upon a mathematical analysis has been accepted in Texas.

1968Justice Pope had this to say relative to such contentions in the case of Hernandez v. Baucum, 344 S.W.2d 498 (Tex.Civ.App.-San Antonio 1961, n. r. e.): “The propriety of arguments grounded upon a mathematical analysis has been accepted in Texas.

11968–1968
Sanantex Oil Co. v. Thompson neutral
texapp · 1955
1 sentence

1956We believe the rule announced in Sanantex Oil Co. v. Thompson, supra, and in Vicksburg, S. & P. Ry.

11956–1956
San Antonio Traction Co. v. White neutral
tex · 1901
1 sentence

1904The court charged on the measure of damages as follows: “In case you find for the plaintiffs you will assess the damages at such sum of money as you believe from the evidence will be equal to the present money value (if paid now all at one time) of such aid as plaintiff had a reasonable expectation of receiving from the deceased, Thomas Shifiet, after he was twenty-one years old, if he had lived, and the reasonable value of the services of said minor until he arrived at 21 years of age.” This charge is in effect the same as the special charge discussed in Merchants & P. Oil Co. v. Burns, 96 Te

11904–1904

Where else courts name it

CA 22 (1946–2024) NY 20 (1900–2022) OH 20 (1966–2022) TX 14 (1904–2024) PA 13 (1958–2023) IL 12 (1986–2025) FL 10 (1989–2023) KY 7 (1937–2021) MO 7 (1996–2023) AR 6 (1978–2012) NM 6 (1990–2013) IN 6 (1990–2012) VA 6 (1947–2025) CT 5 (1963–2008) WY 4 (1995–2016) MA 4 (1984–2024) LA 4 (1982–2022) MI 4 (1966–2024) AZ 4 (2013–2025) WI 4 (1994–2024) MS 4 (1998–2016) UT 4 (2004–2023) CO 3 (1975–2004) NJ 3 (1958–1984) SC 3 (2012–2017) WA 3 (2013–2021) OK 3 (1939–2014) TN 3 (2009–2021) AL 3 (1962–2013) MT 3 (2008–2022) NC 3 (2000–2017) DC 2 (1968–2024) MN 2 (2011–2018) IA 2 (2018–2019) GA 2 (1974–2019) OR 2 (2003–2007)

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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