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

8 Texas opinions name it 2 courts 1968–2019 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 (9)

CaseFollowedCited
Cherokee Water Co. v. Forderhausegreen
tex · 1982 · cited in 3 Texas opinions naming this issue, 2003–2003
2 sentences

2003In Cherokee Water Co. v. Forderhause, the court of appeals held that a counterclaim was compulsory in nature and was improperly severed. 641 S.W.2d 522, 523-26 (Tex.1982).

2003In Cherokee Water Co. v. Forderhause, the court of appeals held that a counterclaim was compulsory in nature and was improperly severed. 641 S.W.2d 522, 523-26 (Tex.1982).

33
Laney v. Stategreen
texcrimapp · 2003 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Laney, 117 S.W.3d at 857 (stating that ruling on motion to suppress must be upheld if legally correct even if trial court did not present same basis in its ruling).

11
In Re CPVYgreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See In re B.T.D., No. 01-16-00582-CV, 2017 WL 343613 , at *6 (Tex. App.—Houston [1st Dist.] Jan. 20, 2017, no pet.) (mem. op.) (concluding that, in absence of written motion that complied with rules of procedure, trial court did not abuse its discretion when it denied father’s request for continuance); In re G.A.H., No. 02–11–00015–CV, 2011 WL 4711980 , at *4 (Tex. App.—Fort Worth Oct. 6, 2011, no pet.) (mem. op.); In re C.P.V.Y., 315 S.W.3d 260, 270 (Tex. App.— Beaumont 2010, no pet.).

11
State v. Brabsongreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019On appeal of the grant of a motion to suppress, “[w]e must review the record to determine if there is any valid basis upon which to affirm the [trial] court’s ruling.” Brabson, 899 S.W.2d at 745-46.

11
Landers v. State Farm Lloydsgreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019See Landers v. State Farm Lloyds, 257 S.W.3d 740, 747 (Tex. App.— Houston [1st Dist.] 2008, no pet.).

11
State v. Hillgreen
texapp · 2016 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016Tercero, 467 S.W.3d at 6, 8, 10 (holding that officer’s good faith belief that Transportation Code permitted nonconsensual, war-rantless blood draw “is irrelevant” to whether blood-draw results should be suppressed under Fourth Amendment); see State v. Hill, No. 03-13-00834-CR, 484 S.W.3d 587, 592-93 , 2016 WL 690738, at *4 (Tex.App.—Austin Feb. 17,2016, pet. filed) (analyzing Article 38.23 of the Texas Code of Criminal Procedure and holding, like in Tercero , that good-faith exception is limited to good-faith reliance on warrant and, absent issuance of warrant, does not apply)- We turn now to

2016Tercero, 467 S.W.3d at 6, 8, 10 (holding that officer’s good faith belief that Transportation Code permitted nonconsensual, war-rantless blood draw “is irrelevant” to whether blood-draw results should be suppressed under Fourth Amendment); see State v. Hill, No. 03-13-00834-CR, 484 S.W.3d 587, 592-93 , 2016 WL 690738, at *4 (Tex.App.—Austin Feb. 17,2016, pet. filed) (analyzing Article 38.23 of the Texas Code of Criminal Procedure and holding, like in Tercero , that good-faith exception is limited to good-faith reliance on warrant and, absent issuance of warrant, does not apply)- We turn now to

11
State v. Allen Tercerogreen
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Tercero, 467 S.W.3d at 6, 8, 10 (holding that officer’s good faith belief that Transportation Code permitted nonconsensual, war-rantless blood draw “is irrelevant” to whether blood-draw results should be suppressed under Fourth Amendment); see State v. Hill, No. 03-13-00834-CR, 484 S.W.3d 587, 592-93 , 2016 WL 690738, at *4 (Tex.App.—Austin Feb. 17,2016, pet. filed) (analyzing Article 38.23 of the Texas Code of Criminal Procedure and holding, like in Tercero , that good-faith exception is limited to good-faith reliance on warrant and, absent issuance of warrant, does not apply)- We turn now to

11
Garcia v. Arbor Green Owners Ass'n, Inc.green
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Id .; see Garcia v. Arbor Green Owners Ass’n , Inc ., 838 S.W.2d 800, 802 (Tex. App.—Houston [1st Dist.] 1992, writ denied); see also Fluty v. Simmons Co ., 835 S.W.2d 664, 668 (Tex. App.—Dallas 1992, no writ) (requiring party to obtain hearing on motion for new trial before complaining trial court abused its discretion by not granting motion for new trial that was overruled by operation of law).

11
Fluty v. Simmons Co.green
texapp · 1992 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Id .; see Garcia v. Arbor Green Owners Ass’n , Inc ., 838 S.W.2d 800, 802 (Tex. App.—Houston [1st Dist.] 1992, writ denied); see also Fluty v. Simmons Co ., 835 S.W.2d 664, 668 (Tex. App.—Dallas 1992, no writ) (requiring party to obtain hearing on motion for new trial before complaining trial court abused its discretion by not granting motion for new trial that was overruled by operation of law).

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
McGuire v. Commercial Union Insurance Co. of New York green
tex · 1968
2 sentences

2003Occidental, slip op. at 4, 2003 WL 1799012 , at *2 n. 2. 4 In McGuire, the court citing Rule 41 held that it “is not necessary to determine whether or not the McGuire claim was, in fact, a compulsory counterclaim, since the trial court had the discretionary power to sever the McGuire claim.” McGuire, 431 S.W.2d at 351 .

2003Occidental, slip op. at 4, 2003 WL 1799012 , at *2 n. 2. 4 In McGuire, the court citing Rule 41 held that it “is not necessary to determine whether or not the McGuire claim was, in fact, a compulsory counterclaim, since the trial court had the discretionary power to sever the McGuire claim.” McGuire, 431 S.W.2d at 351 .

32003–2003
Commercial Union Insurance Co. of New York v. Pryor neutral
texapp · 1967
2 sentences

1968The pertinent provisions of the compromise settlement agreement which was approved by the trial court are set out in the opinion of the Court of Civil Appeals. 423 S.W.2d at 365 and 366.

1968The pertinent provisions of the compromise settlement agreement which was approved by the trial court are set out in the opinion of the Court of Civil Appeals. 423 S.W.2d at 365 and 366.

11968–1968
Stringer v. Munnell green
texapp · 1965
2 sentences

1968Under these circumstances, the McGuire claim was not barred by the failure to assert a compulsory counterclaim, as in Beach v. Runnels, 379 S.W.2d 684 (Tex.Civ.App.1964, writ refused) and Stringer v. Munnell, 390 S.W.2d 484 (Tex.Civ.App.1965, writ refused).

1968Under these circumstances, the McGuire claim was not barred by the failure to assert a compulsory counterclaim, as in Beach v. Runnels, 379 S.W.2d 684 (Tex.Civ.App.1964, writ refused) and Stringer v. Munnell, 390 S.W.2d 484 (Tex.Civ.App.1965, writ refused).

11968–1968
Beach v. Runnels green
texapp · 1964
2 sentences

1968Under these circumstances, the McGuire claim was not barred by the failure to assert a compulsory counterclaim, as in Beach v. Runnels, 379 S.W.2d 684 (Tex.Civ.App.1964, writ refused) and Stringer v. Munnell, 390 S.W.2d 484 (Tex.Civ.App.1965, writ refused).

1968Under these circumstances, the McGuire claim was not barred by the failure to assert a compulsory counterclaim, as in Beach v. Runnels, 379 S.W.2d 684 (Tex.Civ.App.1964, writ refused) and Stringer v. Munnell, 390 S.W.2d 484 (Tex.Civ.App.1965, writ refused).

11968–1968
Rose v. Baker green
tex · 1944
2 sentences

1968Rule 41, Texas Rules of Civil Procedure, provides that “any claim against a party may be severed and proceeded with separately.” This rule refers to a claim which is a severable part of a controversy which involves more than one Rose v. Baker, 143 Tex. 202 , 183 S.W.2d 438 (1944).

1968Rule 41, Texas Rules of Civil Procedure, provides that “any claim against a party may be severed and proceeded with separately.” This rule refers to a claim which is a severable part of a controversy which involves more than one Rose v. Baker, 143 Tex. 202 , 183 S.W.2d 438 (1944).

11968–1968

Where else courts name it

TX 8 (1968–2019) IA 4 (1979–2022) PA 3 (1986–2015) MO 2 (1992–2019) MS 2 (1998–2000) WA 2 (2013–2024) WI 2 (1996–2004)

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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