City of Keller v. Wilson

26 citing decisions · 23 quoted from the citing opinion itself

Where each one reaches back.

Every passage below is lifted verbatim out of the citing opinion, with the citation itself highlighted. Nothing here is a summary and nothing is generated — it is what the later court actually wrote.

• Adrienne Marco v. Kurt Kirkman2026-06-26
  …tfitters Ltd. v. Nicholson, 572 S.W.3d 647, 653 (Tex. 2019). In a legal-sufficiency review, we view the evidence in the light most favorable to the challenged finding and indulge every reasonable inference that would support it. City of Keller v. Wilson, 168 S.W.3d 802, 822, 827 (Tex. 2005). In a factual-sufficiency review, we consider all the record evidence and set aside the trial court’s finding only if the evidence is so weak as to make the finding clearly wrong and manifestly unjust. See Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We defer to the fact finder’s implicit determinati…
• Nicholas Field v. Brandi Pinsker2026-06-26
  …y come into play with the first question. Id. When conducting a legal-sufficiency review, we consider the evidence in the light most favorable to the challenged finding and indulge every reasonable inference that would support it. City of Keller v. Wilson, 168 S.W.3d 802, 822, 827 (Tex. 2005). When conducting a factual-sufficiency review, we consider all the record evidence and set aside the trial court’s order only if the evidence is so weak as to make the order clearly wrong and manifestly unjust. See Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986). We defer to the factfinder’s implicit determinations of c…
• Jose A. Castilla v. W&C Investments, LLC2026-06-26
  …the property. The affidavit further specified: 2 When conducting a legal-sufficiency review, we consider the evidence in the light most favorable to the judgment and indulge every reasonable inference that would support it. City of Keller v. Wilson, 168 S.W.3d 802, 822, 827 (Tex. 2005). To prevail, an appellant must show that no more than a scintilla of evidence supports a finding on which the opponent had the burden of proof. See Waste Mgmt. of Tex., Inc. v. Texas Disposal Sys. Landfill, Inc., 434 S.W.3d 142, 156– 57 (Tex. 2014); City of Keller, 168 S.W.3d at 826. When conducting a factual-sufficiency…
• Turner Solari and Lorenn Solari v. Comal Appraisal District and Appraisal Review Board of Comal County2026-06-25
  …roperty); Jim Wells County v. El Paso Prod. Oil & Gas Co., 189 S.W.3d 861, 870 (Tex. App.—Houston [1st Dist.] 2006, 2 The standards for reviewing a summary judgment are well established and undisputed on appeal. See, e.g., City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005); see also Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 755 (Tex. 2007); Fort Worth Osteopathic Hosp., Inc. v. Reese, 148 S.W.3d 94, 99 (Tex. 2004); Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 600 (Tex. 2004); see also Tex. R. Civ. P. 166a(c). Accordingly, we need not repeat them here.…
• Galvin B. Kennedy v. the City of Texas City2026-06-25
  …V. P. 166a(c); Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex. 2009). A matter is conclusively established if reasonable people could not differ as to the conclusion to be drawn from the evidence. City of Keller v. Wilson, 168 S.W.3d 802, 816 (Tex. 2005). When a plaintiff moves for summary judgment on his own claim, he must conclusively prove all essential elements of his cause of action. Rhône– Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999). When a defendant moves for summary judgment on a plaintiff’s claim, it must either (1) disprove at least one essential ele…
• In the Matter of J.J. v. the State of Texas2026-06-25
  …st consider evidence favorable to the finding if a reasonable factfinder could, and we must disregard contrary evidence unless a reasonable factfinder could not. Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649, 651 (Tex. 2007); City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005). We indulge “every reasonable inference deducible from the evidence” in support of the challenged finding. Gunn, 554 S.W.3d at 658 (quoting Bustamante v. Ponte, 529 S.W.3d 447, 456 (Tex. 2017)). When reviewing a factual-sufficiency challenge under the civil standard of review, we set aside the finding at issue only if,…
• Southern Star Transport, Inc. v. Los Fresnos Construction, Inc.2026-06-25
  The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
• Dean Davenport, Individually and as Trustee of the CRD 2017 Trust, Jana Davenport, the JasperRuth Ranch, LLC, JRRanch a Unit, LLC, and JRRanch B Unit,2026-06-24
  …In our legal sufficiency review, we “must view the evidence in the light favorable to the verdict, crediting favorable evidence if reasonable jurors could, and disregarding contrary evidence unless reasonable jurors could not.” City of Keller v. Wilson, 168 S.W.3d 802, 807 (Tex. 2005). If the party attacking the legal sufficiency of an adverse finding carried the burden of proof, then we must sustain the judgment unless the record conclusively establishes all vital facts in support of the issue. Shields Ltd. P’ship v. Bradberry, 526 S.W.3d 471, 480 (Tex. 2017) (citations omitted). In our factual…
• Alicia Lynette Castillo v. Laura Torres Camou2026-06-24
  …25-00096-CV Corp. v. Lufkin Indus., LLC, 573 S.W.3d 224, 235 (Tex. 2019). In determining this issue, we consider the evidence in the light most favorable to Castillo and indulge every reasonable inference in Castillo’s favor. See City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005); see S.V. v. R.V., 933 S.W.2d 1, 8 (Tex. 1996) (stating that in reviewing a directed verdict, the court examines evidence in the light most favorable to the person suffering an adverse judgment). We must credit favorable evidence if a reasonable factfinder could and disregard contrary evidence unless a reasonable factfinde…
• Champion Food Service, Inc. and Champion Food Service 2, Inc. v. Proalamo Foods, L.L.C. and Procoastal, L.L.C.2026-06-19
  The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
• Laboratory Corporation of America Holdings D/B/A Laboratory Corporation of America v. the State of Texas and Npt Associates2026-06-19
  …on v. Johnson, 631 S.W.3d 81, 87 (Tex. 2021) (discussing the conclusively-negate standard in the context of affirmative defenses). A defendant’s showing is “conclusive only if reasonable people could not differ in their conclusions.” City of Keller v. Wilson, 168 S.W.3d 802, 816 (Tex. 2005). When mapped onto the Act, this standard poses a conceptual challenge. Section 36.002 requires a showing of materiality, and LabCorp therefore must show that its alleged unlawful acts—false statements, misrepresentations, and omissions regarding its compliance with the law—were immaterial to the State’s payment decisions…
• Blake Vaughn v. Albert Li2026-06-18
  …consider evidence favorable to the finding if a reasonable factfinder could, and we must disregard contrary evidence unless a reasonable factfinder could not. Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649, 651 (Tex. 2007); City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005). We indulge “every reasonable inference deducible from the evidence” in support of the challenged finding. Gunn, 554 S.W.3d at 658 (quoting Bustamante v. Ponte, 529 S.W.3d 447, 456 (Tex. 2017)). A party who “attacks the legal sufficiency of an adverse finding on an issue on which [the party] has the burden of proof . . . m…
• .2026-06-17
  …y that a precatory exhibit was not part of the 2015 will. And although Lucielle testified that the missing three pages were not a part of Slim’s will, this testimony is incompetent and is legally insufficient to support the judgment. City of Keller v. Wilson, 168 S.W.3d 802, 812 (Tex. 2005); see also Jones v. Jones, 649 S.W.3d 577, 588 (Tex. App.—Houston [1st Dist.] 2022, no pet.) (defining a “credible witness,” as used in the Texas Estates Code, as “one who is competent to testify,” with competency turning on whether the witness receives no pecuniary benefit under the terms of the will). 4 Because we have foun…
• Hien Nguyen v. Lisa Le, Seiu Le and Nancy Tran2026-06-16
  …granted the JNOV motion and signed a take-nothing judgment. This appeal followed. Analysis The two sides agree that the standard of review for legal sufficiency points comes from City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005). We therefore need not rehash the rules laid out there. Where the two sides part company is over how those rules apply to this factual record. 6 I. Breach of Oral Contract Claim The tension between the answers to Questions 1 and 2 gives us some pause. It is difficult to se…
• Phillip D. Greer, D/B/A Cabana Clean LLC v. Sarah Najera and Heaven Scent Cleaning by Sarah, LLC2026-06-12
  …5). When reviewing a summary judgment, we take as true all evidence favorable to the non-movant, and we resolve any doubts and indulge every reasonable inference in the non-movant’s favor, unless a reasonable factfinder could not. City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005). Summary judgment is proper when there are no disputed issues of material fact and the movant is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c). A defendant who conclusively negates at least one of the essential elements of each of the plaintiff’s causes of action or who conclusively establishes all the el…
• In the Interest of A.A. a Child v. Department of Family and Protective Services2026-06-11
  …ce in the light most favorable to the trial court’s finding and decide “whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was true.” In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002); see City of Keller v. Wilson, 168 S.W.3d 802, 817 (Tex. 2005) (discussing elevated standard of review in parental termination cases). We assume that any disputed facts were resolved in favor of the finding if a reasonable factfinder could have done so. J.F.C., 96 S.W.3d at 266. When “no reasonable 18 factfinder could form a firm belief or…
• Hicks Airfield Pilots Association v. Barbara Ann Brunson, Kevin Brunson, Rio Concho Aviation, Inc., Southlake Hospitality, Inc. D/B/A Wing It Café!, a2026-06-11
  …nable factfinder could, and we must disregard contrary evidence 11 unless a reasonable factfinder could not. Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649, 651 (Tex. 2007); City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005). We indulge “every reasonable inference deducible from the evidence” in support of the challenged finding. Gunn, 554 S.W.3d at 658 (quoting Bustamante v. Ponte, 529 S.W.3d 447, 456 (Tex. 2017)). When we reverse the trial court’s judgment because the evidence is legally insufficient, we must explain our analysis with…
• Francis Landry and Tamarra L. Landry v. John T. Unger2026-06-11
  The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
• City of El Paso, Texas v. Joseph C. Pickett2026-06-09
  …y evidence offered to prove a vital fact,” (3) there is “no more than a mere scintilla” of evidence proving a vital fact; or (4) the evidence conclusively establishes the opposite proposition of a plaintiff’s proffered vital fact. City of Keller v. Wilson, 168 S.W.3d 802, 810 (Tex. 2005). In reviewing the evidence, we “must credit favorable evidence if reasonable jurors could, and disregard contrary evidence unless reasonable jurors could not.” Id. at 827. In a factual sufficiency review, we “consider and weigh all of the evidence, and will set aside the verdict only if it is so against the great weight an…
• In the Interest of K.N., K.L., K.L., and K.L., Children2026-06-05
  …2 To be sure, Mother’s testimony disputed much of the Department’s evidence. But as an appellate court, we have no authority to decide which witnesses were more credible, and which version of events was more likely true. E.g., City of Keller v. Wilson, 168 S.W.3d 802, 819 (Tex. 2005). The jury was entitled to believe or disbelieve Mother’s testimony, and we have no basis to overturn its decision so long as it is supported by the record. 20 her sister, Karen never had money to purchase ice cream at school. Grandmother confirmed that Mother restricted Karen’s food,…
• Othalon Shaw v. Omowunmi Shaw2026-06-04
  …consider evidence favorable to the finding if a reasonable factfinder could, and we must disregard contrary evidence unless a reasonable factfinder could not. Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649, 651 (Tex. 2007); City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005). We indulge “every reasonable inference deducible from the evidence” in support of the challenged finding. Gunn, 554 S.W.3d at 658 (quoting Bustamante v. Ponte, 529 S.W.3d 447, 456 (Tex. 2017)). b. Factual Sufficiency When reviewing an assertion that the evidence is factually insufficient to support a…
• Leni Petrov v. Will-Brooks Inv, LLC2026-06-04
  …. When parties challenge the legal sufficiency of the evidence supporting an adverse finding on which they did not have the burden of proof at trial, they must demonstrate that there is no evidence to support the adverse finding. See City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005); Croucher v. Croucher, 660 S.W.2d 55, 58 (Tex. 1983). Under a legal sufficiency review, we consider all of the evidence in the light most favorable to the prevailing party, make every reasonable inference in that party’s favor, and disregard contrary evidence unless a reasonable 13…
• Austen Consultants, LLC v. Spark I/T Services, LLC; Spark Services, LLC; And Gregory D. Steinig2026-06-04
  …. Like other issues of fact, materiality may be decided as a matter of law only if reasonable jurors could reach only one verdict. Bartush- Schnitzius Foods Co. v. Cimco Refrigeration, Inc., 518 S.W.3d 432, 436 (Tex. 2017) (citing City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005)). Presuming an email constitutes “interference” with a customer, Austen raised a genuine issue of material fact as to the element of material breach. However, Austen’s evidence as to resulting damages consists of a reference to a conclusory statement in Ussery’s unsworn declaration that the trial court, on Appellees…
• Tommy Parker, Jr. v. Mary Martha Parrack2026-06-04
  …lly sufficient evidence that Tommy knew he was transferring his rights in the 780 acres to Mary Martha and believed that doing so would be fair given that 13 Anderson v. Durant, 550 S.W.3d 605, 616 (Tex. 2018). 14 See City of Keller v. Wilson, 168 S.W.3d 802, 820 (Tex. 2005) (reviewing court must defer to jury’s reasonable determinations on the credibility of witnesses). 7 he had already received similar rights in the Garrett Place. And the jury could reasonably infer from the notary’s testimony that Tommy read the 2011 Deed in her presence and affi…
• Sandra Amezquita, David Flores, and Christopher Flores v. Chuck Fisher, Tom Fisher, Jayne Ulreich, Rick Fisher, Jake Fisher, Jordan Fisher, Margot Gue2026-06-04
  …nt proposition. See id.; Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 217 (Tex. 2011). The test for legal sufficiency is whether the evidence would enable reasonable and fair-minded people to make the finding at issue. See City of Keller v. Wilson, 168 S.W.3d 802, 827 (Tex. 2005). A trial court properly grants a directed verdict when no evidence supports a vital fact, the evidence fails to state a claim as a matter of law, only the legal effect of evidence is involved, or when no verdict other than the one requested could properly be sustained. See City of Baytown, 645 S.W.3d at 178; Navarro v. Col…
• Ryan Alan Brown and Hunter Brent Brown v. Endeavor Energy Resources, L.P.2026-06-04
  …ust conclusively prove all essential elements of its cause of action as a matter of law. Draughon v. Johnson, 631 S.W.3d 81, 87–88 (Tex. 2021). “Evidence is conclusive only if reasonable people could not differ in their conclusions.” City of Keller v. Wilson, 168 S.W.3d 802, 816 (Tex. 2005). If the movant meets its burden, then the burden shifts to the non-movant to present to the trial court any issues or evidence that would preclude summary judgment. Duncan v. Hindy, 590 S.W.3d 713, 719 (Tex. App.—Eastland 2019, pet. denied) (citing City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979))…