extension doctrine (Texas) · Go Syfert
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extension doctrine in Texas

55 Texas opinions name it 4 courts 1888–2026 8 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 (27)

CaseFollowedCited
Foster v. Teacher Retirement Systemgreen
texapp · 2008 · cited in 6 Texas opinions naming this issue, 2015–2025
2 sentences

2015We need not establish today whether some degree of control by the government would extend its immunity protection to a private party; we hold only that no control is determinative. 11 Finally, Brown & Gay cites Foster v. Teacher Retirement System, 273 S.W.3d 883 (Tex.App.-Austin 2008, no pet.), to support the extension of immunity in this case.

2015We need not establish today whether some degree of control by the government would extend its immunity protection to a private party; we hold only that no control is determinative.11 Finally, Brown & Gay cites Foster v. Teacher Retirement System, 273 S.W.3d 883 (Tex. App.—Austin 2008, no pet.), to support the extension of immunity in this case.

36
Brown & Gay Engineering, Inc. v. Zuleima Olivares, Individually and as the Representative of the Estate of Pedro Olivares, Jr., & Pedro Olivaresgreen
tex · 2015 · cited in 4 Texas opinions naming this issue, 2018–2025
2 sentences

2025See Olivares, 461 S.W.3d at 124– 28 (discussing extension of sovereign immunity to private parties); Foster, 273 S.W.3d at 889-90; see also Chambers-Liberty Cntys.

2025See Olivares, 461 S.W.3d at 124– 28 (discussing extension of sovereign immunity to private parties); Foster, 273 S.W.3d at 889-90; see also Chambers-Liberty Cntys.

24
Susan Davis Van Dyke v. the Navigator Groupgreen
tex · 2023 · cited in 1 Texas opinions naming this issue, 2026–2026
2 sentences

2026To the contrary, the doctrine was initially applied to incorporeal rights and only later began to be applied to land. 3 Accordingly, the application of the doctrine to non-possessory interests is but a reflection of its historic origins while the application to possessory interests was in fact the extension of the doctrine. 4 Of itself, extension of the lost grant presumption to corporeal interests should pose no problems; just as non-possessory interests can be the subject of an express grant as readily as can possessory claims, rules of evidence relating to the latter should be equally appli

2026To the contrary, the doctrine was initially applied to incorporeal rights and only later began to be applied to land. 3 Accordingly, the application of the doctrine to non-possessory interests is but a reflection of its historic origins while the application to possessory interests was in fact the extension of the doctrine. 4 Of itself, extension of the lost grant presumption to corporeal interests should pose no problems; just as non-possessory interests can be the subject of an express grant as readily as can possessory claims, rules of evidence relating to the latter should be equally appli

11
Taylor v. Watkinsgreen
tex · 1863 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026To the contrary, the doctrine was initially applied to incorporeal rights and only later began to be applied to land. 3 Accordingly, the application of the doctrine to non-possessory interests is but a reflection of its historic origins while the application to possessory interests was in fact the extension of the doctrine. 4 Of itself, extension of the lost grant presumption to corporeal interests should pose no problems; just as non-possessory interests can be the subject of an express grant as readily as can possessory claims, rules of evidence relating to the latter should be equally appli

11
Walker v. Caradinegreen
tex · 1890 · cited in 1 Texas opinions naming this issue, 2026–2026
2 sentences

2026To the contrary, the doctrine was initially applied to incorporeal rights and only later began to be applied to land. 3 Accordingly, the application of the doctrine to non-possessory interests is but a reflection of its historic origins while the application to possessory interests was in fact the extension of the doctrine. 4 Of itself, extension of the lost grant presumption to corporeal interests should pose no problems; just as non-possessory interests can be the subject of an express grant as readily as can possessory claims, rules of evidence relating to the latter should be equally appli

2026To the contrary, the doctrine was initially applied to incorporeal rights and only later began to be applied to land. 3 Accordingly, the application of the doctrine to non-possessory interests is but a reflection of its historic origins while the application to possessory interests was in fact the extension of the doctrine. 4 Of itself, extension of the lost grant presumption to corporeal interests should pose no problems; just as non-possessory interests can be the subject of an express grant as readily as can possessory claims, rules of evidence relating to the latter should be equally appli

11
Patrick Von Dohlen, Brian Greco, Kevin Jason Khattar, Michael Knuffke, and Daniel Petri v. City of San Antoniogreen
tex · 2022 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Dohlen, 643 S.W.3d at 392 (citing Tooke, 197 S.W.3d at 330 ); Olivares, 461 S.W.3d at 124 ; Foster, 273 S.W.3d at 889-90; see also Chambers-Liberty Cntys.

11
Tooke v. City of Mexiagreen
tex · 2006 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024See Dohlen, 643 S.W.3d at 392 (citing Tooke, 197 S.W.3d at 330 ); Olivares, 461 S.W.3d at 124 ; Foster, 273 S.W.3d at 889-90; see also Chambers-Liberty Cntys.

11
City of Durham v. REIDSVILLE ENGINEERING COMPANYgreen
nc · 1961 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Still, King maintains arbitral immunity does apply to professional engineers acting “as a third-party neutral” or “as a mediator and/or arbitrator,” and that this extension of immunity is necessary so that engineers “will not be governed by fear of lawsuits, and can freely engage their own professional judgment as to the merits of the matters they must decide.” He urges us to follow a North Carolina case that concluded supervising engineers could not be held liable for damages to either party in the absence of bad faith because under the terms of the contract, the engineers “would be acting in

11
Verburgt v. Dornergreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997).

11
Bayou Terrace Investment Corp. v. Lylesgreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Howard, 628 S.W.3d at 334 n.7 (stating that privilege does not preclude statutory remedies); Lyles, 881 S.W.2d at 818 (applying judicial-proceedings privilege against appellants while noting that there are “other avenues of relief if, as they claim, the lis pendens was wrongfully filed.”); see Campbell v. Martell, No. 05-19-01413-CV, 2021 WL 1731754 , at *11 (Tex. App.—Dallas May 3, 2021, no pet.) (mem. op.);4 see also TEX.

11
Bailey v. Gardnergreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Appraisal Dist., 321 S.W.3d 648, 654 (Tex. App.— Houston [1st Dist.] 2010, no pet.) (quoting Bailey v. Gardner, 154 S.W.3d 917, 920 (Tex. App.—Dallas 2005, no pet.)).

11
BMC Software Belgium, NV v. Marchandgreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Cf. BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789, 800 (Tex. 2002) (reviewing denial of motion for continuance for a clear abuse of discretion).

11
Grondona v. Suttongreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Grondoma v. Sutton, 991 S.W.2d 90, 93 (Tex. App.—Austin 1998, pet. denied).

11
Bilinsco Inc. v. Harris County Appraisal Districtgreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Appraisal Dist., 321 S.W.3d 648, 654 (Tex. App.— Houston [1st Dist.] 2010, no pet.) (quoting Bailey v. Gardner, 154 S.W.3d 917, 920 (Tex. App.—Dallas 2005, no pet.)).

11
Davison, Anthony Raygreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2013–2013
2 sentences

2013App. 2013). 2 See id. at 691-92 (“[T]here are exceptions to this practice, and when the proper resolution of the remaining issue is clear, we will sometimes dispose of the case in the name of judicial economy.”) 3 See Volosen v. State, 227 S.W.3d 77, 80 (Tex. Crim.

2013GILL — 2 We ordinarily review only the “decisions” of the courts of appeals.1 I am aware that there are exceptions,2 and that, over the past half-decade or so, one such exception that the Court has explicitly carved out is that a party who prevails in the trial court but then loses in the court of appeals may raise an argument for the first time in his own petition for discretionary review to justify reversing the court of appeals’s judgment—even though he did not raise that argument in his reply brief below.3 Perhaps what the Court invokes today to justify addressing the State’s constitutiona

11
Volosen v. Stategreen
texcrimapp · 2007 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013App. 2013). 2 See id. at 691-92 (“[T]here are exceptions to this practice, and when the proper resolution of the remaining issue is clear, we will sometimes dispose of the case in the name of judicial economy.”) 3 See Volosen v. State, 227 S.W.3d 77, 80 (Tex. Crim.

11
NEXION HEALTH AT BEECHNUT, INC. v. Paulgreen
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See id.

11
University of Texas Medical Branch v. Yorkgreen
tex · 1994 · cited in 1 Texas opinions naming this issue, 2002–2002
11
Reilly v. Rangers Management, Inc.green
tex · 1987 · cited in 1 Texas opinions naming this issue, 1998–1998
11
Lenape Resources Corp. v. Tennessee Gas Pipeline Co.green
tex · 1996 · cited in 1 Texas opinions naming this issue, 1998–1998
11
San Antonio MacHine & Supply Co. v. Allengreen
texapp · 1925 · cited in 1 Texas opinions naming this issue, 1998–1998
11
McDonald v. Leegreen
pa · 1914 · cited in 1 Texas opinions naming this issue, 1994–1994
11
Putnal v. Inmangreen
fla · 1918 · cited in 1 Texas opinions naming this issue, 1994–1994
11
Woodhouse v. Powlesgreen
wash · 1906 · cited in 1 Texas opinions naming this issue, 1994–1994
11
Burns v. Ohiogreen
scotus · 1959 · cited in 1 Texas opinions naming this issue, 1972–1972
11
Pittsburg Coca-Cola Bottling Works of Pittsburg v. Pondergreen
tex · 1969 · cited in 1 Texas opinions naming this issue, 1971–1971
11
Seely v. White Motor Co.green
cal · 1965 · cited in 1 Texas opinions naming this issue, 1969–1969
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 (53)

CaseCitedYears
K.D.F. v. Rex green
tex · 1994
2 sentences

2022The Texas Supreme Court affirmed the judgment of the court of appeals and concluded that Brown & Gay as a private contractor was not immune from suit for the consequences of its own actions taken in the exercise of its own independent discretion: We have never directly addressed the extension of immunity to private government contractors, but our analysis in K.D.F. v. Rex, 878 S.W.2d 589 (Tex. 1994), is instructive. .... . . . . [W]e held that another private company that “operate[d] solely upon the direction of [the governmental entity]” and “exercise[d] no discretion in its activities” was i

2022The Texas Supreme Court affirmed the judgment of the court of appeals and concluded that Brown & Gay as a private contractor was not immune from suit for the consequences of its own actions taken in the exercise of its own independent discretion: We have never directly addressed the extension of immunity to private government contractors, but our analysis in K.D.F. v. Rex, 878 S.W.2d 589 (Tex. 1994), is instructive. .... . . . . [W]e held that another private company that “operate[d] solely upon the direction of [the governmental entity]” and “exercise[d] no discretion in its activities” was i

42015–2022
Ackerson v. Bean Dredging LlC green
ca5 · 2009
2 sentences

2015For example, in Ackerson v. Bean Dredging LLC, federal contractors were sued for damages allegedly caused by dredging in conjunction with the Mississippi River Gulf Outlet project. 589 F.3d 196 (5th Cir.2009).

2015For example, in Ackerson v. Bean Dredging LLC, federal contractors were sued for damages allegedly caused by dredging in conjunction with the Mississippi River Gulf Outlet project. 589 F.3d 196 (5th Cir.2009).

42015–2015
George Corey, Trust Fund v. New York Stock Exchange green
ca6 · 1982
2 sentences

2003Corey , 691 F.2d at 1211 .

2003Corey, 691 F.2d at 1211 .

32003–2003
Wayne Duddlesten, Inc. v. Highland Insurance Co. green
texapp · 2003
2 sentences

2011Duddlesten , 110 S.W.3d at 96–97; Methodist , 2009 WL 3003251, at *7 ; Cain , 239 S.W.3d at 897–98.

2011Duddlesten, 110 S.W.3d at 96-97 ; Methodist, 329 S.W.3d at 520-21 ; Cain, 239 S.W.3d at 897-98 .

22011–2011
Cain v. Safeco Lloyds Ins. Co. green
texapp · 2007
2 sentences

2011Duddlesten , 110 S.W.3d at 96–97; Methodist , 2009 WL 3003251, at *7 ; Cain , 239 S.W.3d at 897–98.

2011Duddlesten, 110 S.W.3d at 96-97 ; Methodist, 329 S.W.3d at 520-21 ; Cain, 239 S.W.3d at 897-98 .

22011–2011
Methodist Hospital v. Zurich American Insurance Co. green
texapp · 2009
2 sentences

2011Duddlesten , 110 S.W.3d at 96–97; Methodist , 2009 WL 3003251, at *7 ; Cain , 239 S.W.3d at 897–98.

2011Duddlesten, 110 S.W.3d at 96-97 ; Methodist, 329 S.W.3d at 520-21 ; Cain, 239 S.W.3d at 897-98 .

22011–2011
Adams v. New York green
scotus · 1904
2 sentences

1983The Court first pointed out that Amos “advances no reasons applicable to a prosecution under our state laws and' procedure,” but conceding that “the subject matter ... is similar,” Judge Lattimore wrote for the Court: “[W]e respectfully state that we think the opinion in said case rests upon a misapprehension of the purpose of the federal Constitution, which is substantially the same as section 9, art. 1, of our state Constitution, and that the learned court was not justified in applying to the decision of the facts before it in the Amos Case, supra, the principles announced in the Weeks and B

1983The Court first pointed out that Amos “advances no reasons applicable to a prosecution under our state laws and' procedure,” but conceding that “the subject matter ... is similar,” Judge Lattimore wrote for the Court: “[W]e respectfully state that we think the opinion in said case rests upon a misapprehension of the purpose of the federal Constitution, which is substantially the same as section 9, art. 1, of our state Constitution, and that the learned court was not justified in applying to the decision of the facts before it in the Amos Case, supra, the principles announced in the Weeks and B

21922–1983
O'HERN v. State green
texcrimapp · 1975
2 sentences

1980Stephenson v. State, 500 S.W.2d 855 (Tex.Cr.App. 1973); O'Hern v. State, 527 S.W.2d 568 (Tex.Cr.App.1975) (Concurring Opinion); Green v. State, 528 S.W.2d 617 (Tex.Cr.App. 1975) (Concurring Opinion).

1980Stephenson v. State, 500 S.W.2d 855 (Tex.Cr.App.1973); O’Hern v. State, 527 S.W.2d 568 (Tex.Cr.App.1975) (Concurring Opinion); Green v. State, 528 S.W.2d 617 (Tex.Cr.App.1975) (Concurring Opinion).

21978–1980
Stephenson v. State green
texcrimapp · 1973
2 sentences

1980Stephenson v. State, 500 S.W.2d 855 (Tex.Cr.App. 1973); O'Hern v. State, 527 S.W.2d 568 (Tex.Cr.App.1975) (Concurring Opinion); Green v. State, 528 S.W.2d 617 (Tex.Cr.App. 1975) (Concurring Opinion).

1980Stephenson v. State, 500 S.W.2d 855 (Tex.Cr.App.1973); O’Hern v. State, 527 S.W.2d 568 (Tex.Cr.App.1975) (Concurring Opinion); Green v. State, 528 S.W.2d 617 (Tex.Cr.App.1975) (Concurring Opinion).

21978–1980
McKisson v. Sales Affiliates, Inc. green
tex · 1967
2 sentences

1971Appellant urges an extension of the rule announced in McKisson v. Sales Affiliates, Inc., 416 S.W.2d 787 (Tex.Sup.).

1971The Supreme Court in McKisson, supra, adopted Section 402A of the American Law Institute's Restatement of the Law of Torts (2d Ed) as the law in this State.

21971–1971
Michael C. Howard and Virginia D. Hamilton v. Matterhorn Energy, LLC, and Mike Cherry green
texapp · 2021
1 sentence

2022Howard, 628 S.W.3d at 334 n.7 (stating that privilege does not preclude statutory remedies); Lyles, 881 S.W.2d at 818 (applying judicial-proceedings privilege against appellants while noting that there are “other avenues of relief if, as they claim, the lis pendens was wrongfully filed.”); see Campbell v. Martell, No. 05-19-01413-CV, 2021 WL 1731754 , at *11 (Tex. App.—Dallas May 3, 2021, no pet.) (mem. op.);4 see also TEX.

12022–2022
Hmc Hotel Properties II Limited Partnership and Host Hotels & Resorts, L.P., F/K/A Host Marriott, L.P. v. Keystone-Texas Property Holding Corporation green
tex · 2014
2 sentences

2018The authoring court further explained that section 586 was adopted based on “a public policy rationale in favor of attorneys as officers of the court.” Id.

2018In that case, the Fourth Court of Appeals reasoned that the privilege did not apply to out-of-court statements by non-attorneys “[b]ecause the extension of the privilege to out-of-court communications is based on the adoption of section 586 of the Restatement (Second) of Torts (which only pertains to communications by attorneys).” Id.

12018–2018
Colorado & Utah Coal Co. v. Harris green
colo · 1935
1 sentence

2015Id.

12015–2015
Riddle v. Ashe green
ga · 1998
12004–2004
Travis County v. Pelzel & Associates, Inc. red
tex · 2002
12002–2002
Garner v. Louisiana green
scotus · 1961
11992–1992
Johnston v. State green
texcrimapp · 1967
11988–1988
McDonald v. State yellow
texcrimapp · 1974
11988–1988
Martin Hedrick Co. v. Gotcher green
texapp · 1983
11988–1988
Welchek v. State green
texcrimapp · 1922
11983–1983
Green v. State green
texcrimapp · 1975
11980–1980
Herring v. Blakeley green
tex · 1965
11977–1977
Smith v. Bennett green
scotus · 1961
11972–1972
Lane v. Brown green
scotus · 1963
11972–1972
Entsminger v. Iowa green
scotus · 1967
11972–1972
Gardner v. California green
scotus · 1969
11972–1972
Linkletter v. Walker red
scotus · 1965
11972–1972
Williams v. Oklahoma City green
scotus · 1969
11972–1972
Irving Lumber Company v. Alltex Mortgage Company green
tex · 1971
11972–1972
Irving Lumber Company v. Alltex Mortgage Company green
texapp · 1969
11972–1972
Cooper v. Blanck green
lactapp · 1923
11971–1971
Verkennes v. Corniea green
minn · 1949
11971–1971
Bonbrest v. Kotz green
dcd · 1946
11971–1971
Williams v. Marion Rapid Transit, Inc. green
ohio · 1949
11971–1971
Greenman v. Yuba Power Products, Inc. green
cal · 1963
11969–1969
Cruz v. Ansul Chemical Company green
texapp · 1966
11966–1966
Jacob E. Decker & Sons, Inc. v. Capps green
tex · 1942
11966–1966
Milam v. Texas Department of Public Safety neutral
texapp · 1962
11964–1964
Texas Department of Public Safety v. Azar neutral
texapp · 1954
11962–1962
Revard v. Wood neutral
texapp · 1941
11961–1961

Statutes the citing opinions construe

USC § 42u.s.c.1983 (7) TX § Tex. Transp. Code § 431.066 (3)

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

CA 95 (1897–2025) PA 94 (1819–2023) NY 85 (1841–2025) MA 65 (1936–2026) TX 55 (1888–2026) IL 55 (1886–2025) WI 51 (1951–2026) MD 38 (1911–2018) TN 35 (1933–2025) GA 31 (1909–2025) LA 29 (1942–2022) FL 24 (1968–2025) NJ 24 (1948–2026) MI 23 (1896–2024) KY 22 (1907–2025) OH 20 (1903–2024) AL 20 (1845–2011) WA 19 (1933–2024) CT 19 (1912–2019) IN 17 (1884–2003) DE 15 (1928–2024) IA 15 (1926–2024) KS 15 (1915–2022) MO 15 (1875–2018) OR 13 (1938–2026) NH 12 (1870–2017) AZ 12 (1965–2025) NC 11 (1910–2016) WV 10 (1904–2015) OK 10 (1919–2023) MN 9 (1928–2023) WY 9 (1978–1992) HI 8 (1908–2008) NE 8 (1931–2017) NM 8 (1946–2026) UT 7 (1953–2015) ME 7 (1942–2018) SD 7 (1927–2024) CO 7 (1900–2008) NV 7 (1951–2020) VA 7 (1934–2011) AR 6 (1925–2013) DC 5 (1974–2007) RI 5 (1949–1995) MS 5 (1961–2011) SC 4 (1937–2014) VT 4 (1854–2020) ND 4 (1908–2007) ID 3 (1989–2012) AK 2 (1970–1979)

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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