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46 Texas opinions name it 2 courts 1944–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Jarrin v. Sam White Oldsmobile Co.green2 sentences2020First, to complain of a trial court’s omission of a requested instruction, a party must have submitted a “written request to the trial court for a substantially correct instruction.” Jarrin v. Sam White Oldsmobile Co., 929 S.W.2d 21, 25 (Tex. App.— Houston [1st Dist.] 1996, writ denied); see TEX. 2016To complain of a trial court’s omission of a requested instruction, a party must have submitted a “written request to the trial court for a substantially correct instruction.” Jannin v. Sam White Oldsmobile, 929 S.W.2d 21, 25 (Tex. App.— Houston [1st Dist.] 1996, writ denied); see TEX. | 5 | 5 |
National Fire Insurance Co. of Pittsburgh v. Valero Energy Corp.green2 sentences2005Our next step is to determine if a substantially correct instruction was properly tendered in writing and requested prior to submission and separate and apart from the objections, Greenstein, Logan & Co. v. Burgess Mktg Inc. , 744 S.W.2d 170, 182 (Tex. App.--Waco 1987, writ denied); see also Valero, 777 S.W.2d at 507 ; Tex. R. 1990Our next step is to determine if a substantially correct instruction was properly tendered in writing and requested prior to submission and separate and apart from the objections, Greenstein, Logan & Co. v. Burgess Mktg Inc., 744 S.W.2d 170, 182 (Tex.App.—Waco 1987, writ denied); see also Valero, 777 S.W.2d at 507; Tex.Rules Civ.P. 272, 277, 278. | 5 | 5 |
Yellow Cab and Baggage Company v. Greengreen2 sentences1989It is not necessary for the objecting party to tender with his objection a substantially correct instruction or definition.” Yellow Cab & Baggage Co. v. Green, 154 Tex. 330, 333 , 277 S.W.2d 92, 93 (1955); TEX.R.CIV.P. 274. 1989It is not necessary for the objecting party to tender with his objection a substantially correct instruction or definition.” Yellow Cab & Baggage Co. v. Green, 154 Tex. 330, 333 , 277 S.W.2d 92, 93 (1955); TEX.R.CIV.P. 274. | 3 | 4 |
Greenstein, Logan & Co. v. Burgess Marketing, Inc.green2 sentences2005Our next step is to determine if a substantially correct instruction was properly tendered in writing and requested prior to submission and separate and apart from the objections, Greenstein, Logan & Co. v. Burgess Mktg Inc. , 744 S.W.2d 170, 182 (Tex. App.--Waco 1987, writ denied); see also Valero, 777 S.W.2d at 507 ; Tex. R. 1990Our next step is to determine if a substantially correct instruction was properly tendered in writing and requested prior to submission and separate and apart from the objections, Greenstein, Logan & Co. v. Burgess Mktg Inc., 744 S.W.2d 170, 182 (Tex.App.—Waco 1987, writ denied); see also Valero, 777 S.W.2d at 507; Tex.Rules Civ.P. 272, 277, 278. | 3 | 3 |
State Board of Water Engineers v. Slaughtergreen2 sentences2017P. 278; see State v. Harrington, 407 S.W.2d 467, 479 (Tex. 1966); Shelby Distributions, Inc. v. Reta, 441 S.W.3d 715, 720 (Tex.App.-El Paso 2014, no pet.) (party waived error in charge by failing to request and tender a substantially correct instruction to the trial court). 2016State v. Harrington, 407 S.W.2d 467, 479 (Tex. 1966); Shelby Distributions, Inc. v. Reta, 441 S.W.3d 715, 720 (Tex.App.-El Paso 2014, no pet.) (party waived error in charge by failing to request and tender a substantially correct instruction to the trial court); Lee v. Safemate Life Ins. | 2 | 2 |
Shelby Distributions, Inc., D/B/A Express Office Products v. Alejandro Retagreen2 sentences2017P. 278; see State v. Harrington, 407 S.W.2d 467, 479 (Tex. 1966); Shelby Distributions, Inc. v. Reta, 441 S.W.3d 715, 720 (Tex.App.-El Paso 2014, no pet.) (party waived error in charge by failing to request and tender a substantially correct instruction to the trial court). 2016State v. Harrington, 407 S.W.2d 467, 479 (Tex. 1966); Shelby Distributions, Inc. v. Reta, 441 S.W.3d 715, 720 (Tex.App.-El Paso 2014, no pet.) (party waived error in charge by failing to request and tender a substantially correct instruction to the trial court); Lee v. Safemate Life Ins. | 2 | 2 |
Donnelley Marketing v. Lionel Sosa, Inc.green2 sentences2015Donnelley Marketing v. Lionel Sosa, Inc., 716 S.W.2d 598 at 602 (Tex.App.—Corpus Christi 1986); Ryan Mortg. 1989Donnelley Marketing v. Lionel Sosa, Inc., 716 S.W.2d 598, 602 (Tex.App.—Corpus Christi 1986, no writ); Ryan Mortgage Investors v. Fleming-Wood, 650 S.W.2d 928, 933 (Tex.App.—Fort Worth 1983, writ ref’d n.r.e.); Tex.R.Civ.P. 278. | 2 | 2 |
Diamond Shamrock Refining and Marketing Co. v. Mendezgreen2 sentences2012Co. v. Mendez, 809 S.W.2d 514, 521 (Tex. App.—San Antonio 1991) (noting, in the case of a defective instruction, that “the defect may properly be called to the court’s attention by an objection without requesting a substantially correct instruction in writing”), rev’d in part on other grounds, 844 S.W.2d 198 (Tex. 1992); Tex. Gen. 2004Co. v. Mendez, 809 S.W.2d 514, 521 (Tex.App.-San Antonio 1991) (noting in the case of a defective instruction “the defect may properly be called to the court’s attention by an objection without requesting a substantially correct instruction in writing”), rev’d in part on other grounds, 844 S.W.2d 198 (Tex.1992); Tex. Gen. | 2 | 2 |
Mason v. Southern Pacific Transportation Co.green2 sentences2003Co., 892 S.W.2d 115, 117 (Tex.App.-Houston [1st Dist.] 1994, pet. denied); see Tex.R. 2003Co., 892 S.W.2d 115, 117 (Tex.App.-Houston [1st Dist.] 1994, pet. denied); see Tex.R. | 2 | 2 |
Placencio v. Allied Industrial International, Inc.green2 sentences2002Int'l, Inc. , 724 S.W.2d 20, 21 (Tex. 1987). 1992Int'l, Inc., 724 S.W.2d 20, 21 (Tex.1987). | 2 | 2 |
Woods v. Crane Carrier Co., Inc.green2 sentences1995Tex.R.Civ.P. 278; Woods v. Crane Carrier Co., 693 S.W.2d 377, 379 (Tex.1985); Yellow Cab and Baggage Co. v. Green, 277 S.W.2d 92, 93 (Tex.1955). 1995Tex.R.Civ.P. 278; Woods v. Crane Carrier Co., 693 S.W.2d 377, 379 (Tex.1985); Yellow Cab and Baggage Co. v. Green, 277 S.W.2d 92, 93 (Tex.1955). | 2 | 2 |
Texas Power & Light Co. v. Barnhillgreen2 sentences1991Tex. R.Civ.P.Ann. 278 (Supp.1991); Texas Power & Light Co. v. Barnhill, 639 S.W.2d 331, 335 (Tex.App.1982, writ ref’d n.r.e.). 1988Osoba v. Bassichis, 679 S.W.2d 119, 122 (Tex.App.—Houston [14th Dist.] 1984, writ ref’d n.r.e.); Texas Power & Light Co. v. Barnhill, 639 S.W.2d 331, 334-35 (Tex.App.—Texarkana 1982, writ ref’d n.r.e.). | 2 | 2 |
Hartnett v. Hampton Inns, Inc.green2 sentences2012Medistar Corp., 267 S.W.3d at 159 ; Hartnett v. Hampton Inns, Inc., 870 S.W.2d 162, 166 (Tex. App.—San Antonio 1993, writ denied). 2012Medistar Corp., 267 S.W.3d at 159; Hartnett, 870 S.W.2d at 166 . | 1 | 3 |
Texas Department of Human Services v. Hindsgreen2 sentences1996Tex.R.Civ.P. 278; Texas Dep’t of Human Servs. v. Hinds, 904 S.W.2d 629, 637 (Tex.1995); Mason v. Southern Pac. 1996See Tex.R.Civ.P. 278; Hinds, 904 S.W.2d at 637 . | 1 | 2 |
Morales v. Moralesgreen1 sentence2020See Morales v. Morales, 98 S.W.3d 343, 346 (Tex. App.—Corpus Christi−Edinburg 2003, pet. denied) (“If the complaint concerns an omission, the party must request and tender a substantially correct instruction in writing.” (citing TEX. | 1 | 1 |
Corpus Christi Day Cruise, LLC v. Christus Spohn Health System Corp.green1 sentence2018Corp., 398 S.W.3d 303, 312 (Tex. App.—Corpus Christi 2012, pet. denied) (holding that judgment could not be reversed for failure to instruct jury on apparent authority, where appellant neither objected to the lack of such an instruction nor tendered a substantially correct instruction in writing to trial court); Hall v. Hubco, Inc., 292 S.W.3d 22, 29 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (holding that any error in trial court’s failing to instruct jury on law of contract formation was waived where complaining party did not offer proposed instruction in Several veniremembers were a | 1 | 1 |
Hall v. Hubco, Inc.green1 sentence2018Corp., 398 S.W.3d 303, 312 (Tex. App.—Corpus Christi 2012, pet. denied) (holding that judgment could not be reversed for failure to instruct jury on apparent authority, where appellant neither objected to the lack of such an instruction nor tendered a substantially correct instruction in writing to trial court); Hall v. Hubco, Inc., 292 S.W.3d 22, 29 (Tex. App.—Houston [14th Dist.] 2006, pet. denied) (holding that any error in trial court’s failing to instruct jury on law of contract formation was waived where complaining party did not offer proposed instruction in Several veniremembers were a | 1 | 1 |
Lee v. Safemate Life Insurancegreen1 sentence2016Co., 737 S.W.2d 84, 85 (Tex.App.-El Paso 1987, writ dism’d) (objection to'lack of definition in jury charge was too general to preserve issue for appeal; it was incumbent upon party to request definition in substantially correct form to preserve error). | 1 | 1 |
Baylor University v. Coleygreen1 sentence2013See Baylor Univ. v. Coley, 221 S.W.3d 599, 607 (Tex. 2007) (Johnson, J., concurring) (“A requested instruction that is affirmatively incorrect is not ‘substantially correct’ . . . .”).11 For these reasons, we hold that the trial court did not err by in overruling Esters’s objection.12 CONCLUSION If Esters’s allegations are true, severe racial discrimination occurred in this 11 As explained above, the only issue before us regarding the trial court’s jury instructions is whether the 300-day period should instead have been a two-year period. | 1 | 1 |
Hutch v. Stategreen1 sentence2013Finally, the court’s charge to the jury, quoted in relevant part above, gave the jury an appropriate and substantially correct instruction regarding the evidence of the extraneous offenses, and “absent evidence to the contrary, we presume the jury 15 followed the law provided by the charge.” Hutch v. State, 922 S.W.2d 166, 170 (Tex. Crim. | 1 | 1 |
Knoll v. Neblettgreen1 sentence2002Id.; Knoll v. Neblett, 966 S.W.2d 622, 638 (Tex.App.—Houston [14th Dist.] 1998, pet. denied). | 1 | 1 |
Hernandez v. Kroger Co.green2 sentences1995A substantially correct instruction must be in "substantially the same form as the essential elements outlined in Corbin ." Hernandez v. Kroger Co. , 711 S.W.2d 3, 4 (Tex. 1986); see also Prudential Ins. 1995A substantially correct instruction must be in "substantially the same form as the essential elements outlined in Corbin ." Hernandez v. Kroger Co. , 711 S.W.2d 3, 4 (Tex. 1986); see also Prudential Ins. | 1 | 1 |
Prudential Insurance Co. of America v. Hensongreen1 sentence1995Co. of Am. v. Henson , 753 S.W.2d 415, 417 (Tex. App.--Eastland 1988, no writ). | 1 | 1 |
Moulton v. Alamo Ambulance Service, Inc.green1 sentence1991Moulton v. Alamo Ambulance Serv., Inc., 414 S.W.2d 444, 449-50 (Tex.1967); Yellow Cab and Baggage Co. v. Green, 154 Tex. 330 , 277 S.W.2d 92, 93 (1955); Sutter v. Hendricks, 575 S.W.2d 308, 310 (Tex.Civ.App.—Dallas 1978, writ ref’d n.r.e.). | 1 | 1 |
Sutter v. Hendricksgreen1 sentence1991Moulton v. Alamo Ambulance Serv., Inc., 414 S.W.2d 444, 449-50 (Tex.1967); Yellow Cab and Baggage Co. v. Green, 154 Tex. 330 , 277 S.W.2d 92, 93 (1955); Sutter v. Hendricks, 575 S.W.2d 308, 310 (Tex.Civ.App.—Dallas 1978, writ ref’d n.r.e.). | 1 | 1 |
| Ryan Mortgage Investors v. Fleming-Woodgreen | 1 | 1 |
| Osoba v. Bassichisgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Medistar Corp. v. Schmidt
green
2 sentences2012Medistar Corp., 267 S.W.3d at 159 ; Hartnett v. Hampton Inns, Inc., 870 S.W.2d 162, 166 (Tex. App.—San Antonio 1993, writ denied). 2010Medistar Corp., 267 S.W.3d at 159 ; Hartnett, 870 S.W.2d at 166 . | 2 | 2010–2012 |
Diamond Shamrock Refining & Marketing Co. v. Mendez
green
2 sentences2012Co. v. Mendez, 809 S.W.2d 514, 521 (Tex. App.—San Antonio 1991) (noting, in the case of a defective instruction, that “the defect may properly be called to the court’s attention by an objection without requesting a substantially correct instruction in writing”), rev’d in part on other grounds, 844 S.W.2d 198 (Tex. 1992); Tex. Gen. 2004Co. v. Mendez, 809 S.W.2d 514, 521 (Tex.App.-San Antonio 1991) (noting in the case of a defective instruction “the defect may properly be called to the court’s attention by an objection without requesting a substantially correct instruction in writing”), rev’d in part on other grounds, 844 S.W.2d 198 (Tex.1992); Tex. Gen. | 2 | 2004–2012 |
Price v. State
green
2 sentences2002Price , 887 S.W.2d at 954-55 . 2002Price, 887 S.W.2d at 954-55 . | 2 | 2002–2002 |
Cooper v. Lyon Financial Services, Inc.
green
1 sentence2024Servs., 65 S.W.3d 197 , 205–06 (Tex. App.—Houston [14th Dist.] 2001, no pet.) (revocation of acceptance is a defense to a breach of contract claim; when buyer failed to submit a substantially correct instruction on the issue, the trial court properly declined to give the instruction). | 1 | 2024–2024 |
Holubec v. Brandenburger
green
1 sentence2003The court further observed that the Holubecs’ requested question was not a substantially correct inquiry under the statute because it asked about “agricultural operations” rather than, as the statute required, the “conditions or circumstances complained of as constituting the basis for the nuisance action.” Id. at 210 . | 1 | 2003–2003 |
| Samford v. Duff green | 1 | 1982–1982 |
| Avant v. Gulf Coast Investment Corporation green | 1 | 1982–1982 |
| Hickman v. Durham neutral | 1 | 1982–1982 |
| First State Bank & Trust Co. of Edinburg v. George green | 1 | 1980–1980 |
| Columbian Carbon Co. v. Tholen green | 1 | 1965–1965 |
| City of Austin v. Powell neutral | 1 | 1957–1957 |
| Villareal v. Reza green | 1 | 1956–1956 |
| Borger v. Mineral Wells Clay Products Co. green | 1 | 1944–1944 |
| Grayson County v. Harrell green | 1 | 1944–1944 |
| Massie v. City of Floydada neutral | 1 | 1944–1944 |
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.