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

11 Texas opinions name it 4 courts 1997–2026 5 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 (11)

CaseFollowedCited
Stallman v. Newmangreen
texapp · 2000 · cited in 2 Texas opinions naming this issue, 2024–2024
2 sentences

2024See Ingham, 351 S.W.3d at 101 (rejecting the claim of easement by estoppel because the testimony did not support the conclusion that Ben Ingham did not believe he had “a legal right” to use Hunt Road); Stallman v. Newman, 9 S.W.3d 243, 247 (Tex. App.—Houston [14th Dist.] 1999, pet. denied) (stating that though the Stallmans gave Newman permission to use the road in 1980, permissive use is inconsistent with Newman’s claim that she has “a legal right to use the road”).

2024See id; see also Stallman, 9 S.W.3d at 247 (stating that though Stallmans gave Newman permission to use road, permissive use was inconsistent with Newman’s claim of “legal right to use road”; court held that without vendor/vendee relationship, easement by estoppel cannot arise from passive acquiescence alone); Tice v. Hunt, No. 11-08-00099-CV, 2010 WL 1948602 , at *6 (Tex. App.—Eastland May 13, 2010, no pet.) (mem. op.) (holding no easement by estoppel where appellant failed to present any evidence of representation element; evidence showing permission to move road did not amount to representa

22
Martine v. BD. OF REGENTS, STATE SR. COLLEGES, ETC.green
texapp · 1979 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

2008See Martine, 578 S.W.2d at 467 - 68.

2008See Marline, 578 S.W.2d at 467-68 .

22
Standefer v. Stategreen
texcrimapp · 2001 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026In response, the State explained that it was merely “seek[ing] out known biases against people’s ideas of what sex offenders are, people who sexually abuse, . . . [and] what they see on TV versus reality.” The trial court overruled Newman’s objection learning a particular fact.” Standefer v. State, 59 S.W.3d 177, 179 (Tex. Crim.

11
Cherlyn Bethel, Individually, and as the Representative of the Estate of Ronald J. Bethel v. Quilling, Selander, Lownds, Winslett & Moser, P.C., and James H. Moody, Iiigreen
tex · 2020 · cited in 1 Texas opinions naming this issue, 2026–2026
2 sentences

2026It asserts that Newman created both entities solely to structure and carry out the court- ordered sale, that Newman served as their general partner solely in his capacity as receiver, that he held no economic interest in either entity, and that neither entity acted independently. 65 If established on an evidentiary record, those facts might well entitle the entities to share in Newman’s immunity, but under Rule 91a, the Court cannot rely on unpleaded facts introduced in the motion. 66 62 Id.; see also id. at 655-56 (explaining that Rule 91a only limits a court’s factual inquiry, not the “unive

2026It asserts that Newman created both entities solely to structure and carry out the court- ordered sale, that Newman served as their general partner solely in his capacity as receiver, that he held no economic interest in either entity, and that neither entity acted independently. 65 If established on an evidentiary record, those facts might well entitle the entities to share in Newman’s immunity, but under Rule 91a, the Court cannot rely on unpleaded facts introduced in the motion. 66 62 Id.; see also id. at 655-56 (explaining that Rule 91a only limits a court’s factual inquiry, not the “unive

11
Ingham v. O'Blockgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Ingham, 351 S.W.3d at 101 (rejecting the claim of easement by estoppel because the testimony did not support the conclusion that Ben Ingham did not believe he had “a legal right” to use Hunt Road); Stallman v. Newman, 9 S.W.3d 243, 247 (Tex. App.—Houston [14th Dist.] 1999, pet. denied) (stating that though the Stallmans gave Newman permission to use the road in 1980, permissive use is inconsistent with Newman’s claim that she has “a legal right to use the road”).

11
Orlando Sanchez v. Steve Strievergreen
texapp · 2020 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Interpreting the pre-2019 TCPA in Kawcak v. Antero Resources Corp., we determined that the use of “common” implies more than just the narrow selfish interests of persons who act jointly to commit a tort. 582 S.W.3d 566 , 569 (Tex. App.—Fort Worth 2019, pet. denied); see Sanchez v. Striever, 614 S.W.3d 233 , 244 (Tex. 26 Appellants reference their 1991–2000 Star-Telegram articles to support their argument that Kickball’s activities and programs “have long been the subject of news reports.” But these articles, published before Kickball’s incorporation, reflect a lack of public coverage and conce

11
Cunningham v. Stategreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See id.

11
Hawkins v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Hawkins , 135 S.W.3d at 77; Mosley , 983 S.W.2d at 259 .

11
Texas Department of Criminal Justice v. Millergreen
tex · 2001 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See Whitley, 104 S.W.3d at 543 (quoting Bossley, 968 S.W.2d at 343 ); see also Miller, 51 S.W.3d at 590 ; Starkey, 104 S.W.3d at 628-29 .

11
Dallas Area Rapid Transit v. Whitleygreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See Whitley, 104 S.W.3d at 543 (quoting Bossley, 968 S.W.2d at 343 ); see also Miller, 51 S.W.3d at 590 ; Starkey, 104 S.W.3d at 628-29 .

11
Dallas Cty. Mental Health and Mental Retardation v. Bossleygreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006See Whitley, 104 S.W.3d at 543 (quoting Bossley, 968 S.W.2d at 343 ); see also Miller, 51 S.W.3d at 590 ; Starkey, 104 S.W.3d at 628-29 .

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 (5)

CaseCitedYears
Martin v. Cockrell green
texapp · 2010
1 sentence

2024As we concluded in Martin v. Cockrell, 335 S.W.3d 229 (Tex. App.— Amarillo 2010, no pet.), a “gentlemen’s agreement” was insufficient to create an 2 easement by estoppel.

12024–2024
John Kawcak v. Antero Resources Corporation green
texapp · 2019
1 sentence

2023Interpreting the pre-2019 TCPA in Kawcak v. Antero Resources Corp., we determined that the use of “common” implies more than just the narrow selfish interests of persons who act jointly to commit a tort. 582 S.W.3d 566 , 569 (Tex. App.—Fort Worth 2019, pet. denied); see Sanchez v. Striever, 614 S.W.3d 233 , 244 (Tex. 26 Appellants reference their 1991–2000 Star-Telegram articles to support their argument that Kickball’s activities and programs “have long been the subject of news reports.” But these articles, published before Kickball’s incorporation, reflect a lack of public coverage and conce

12023–2023
Mosley v. State green
texcrimapp · 1998
1 sentence

2010See Hawkins , 135 S.W.3d at 77; Mosley , 983 S.W.2d at 259 .

12010–2010
Starkey v. Andrews Center green
texapp · 2003
1 sentence

2006See Whitley, 104 S.W.3d at 543 (quoting Bossley, 968 S.W.2d at 343 ); see also Miller, 51 S.W.3d at 590 ; Starkey, 104 S.W.3d at 628-29 .

12006–2006
Newman v. Obersteller Ex Rel. Obersteller green
texapp · 1996
2 sentences

1997Id. at 199-200 .

1997Id. at 199-200 .

11997–1997

Where else courts name it

TX 11 (1997–2026) PA 6 (1994–2021) AZ 4 (2015–2016) DC 4 (1981–2021) NE 4 (1988–2018) KS 3 (1990–2010) OH 3 (2010–2026) IA 3 (2014–2022) GA 3 (1996–2025) IN 3 (1989–2015) ID 3 (2004–2016) NY 3 (2012–2024) WA 2 (2013–2021) KY 2 (2024–2024) UT 2 (2008–2026) CO 2 (2014–2025) CA 2 (2024–2025) FL 2 (2000–2004) SC 2 (2013–2014)

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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