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
…al-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 ma…
Jose A. Castilla v. W&C Investments, LLC2026-06-26
…ting 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. Landfi…
Nicholas Field v. Brandi Pinsker2026-06-26
…-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 manifestl…
Turner Solari and Lorenn Solari v. Comal Appraisal District and Appraisal Review Board of Comal County2026-06-25
…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.…
Southern Star Transport, Inc. v. Los Fresnos Construction, Inc.2026-06-25
The citation is in this opinion but falls in a part of the document the text extractor could not reach — a table, a footnote, or an image. Recorded as uncovered rather than dropped.
Galvin B. Kennedy v. the City of Texas City2026-06-25
…, 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…
In the Matter of J.J. v. the State of Texas2026-06-25
…er 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 r…
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
…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 t…
Alicia Lynette Castillo v. Laura Torres Camou2026-06-24
…019). 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 cr…
Laboratory Corporation of America Holdings D/B/A Laboratory Corporation of America v. the State of Texas and Npt Associates2026-06-19
…ely-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,…
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 citation is in this opinion but falls in a part of the document the text extractor could not reach — a table, a footnote, or an image. Recorded as uncovered rather than dropped.
Blake Vaughn v. Albert Li2026-06-18
…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 wh…
.2026-06-17
…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 compet…
Hien Nguyen v. Lisa Le, Seiu Le and Nancy Tran2026-06-16
…is 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 Ora…
Phillip D. Greer, D/B/A Cabana Clean LLC v. Sarah Najera and Heaven Scent Cleaning by Sarah, LLC2026-06-12
…avorable 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 lea…
Francis Landry and Tamarra L. Landry v. John T. Unger2026-06-11
The citation is in this opinion but falls in a part of the document the text extractor could not reach — a table, a footnote, or an image. Recorded as uncovered rather than dropped.
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
…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)). Whe…
In the Interest of A.A. a Child v. Department of Family and Protective Services2026-06-11
…e “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…
City of El Paso, Texas v. Joseph C. Pickett2026-06-09
…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, w…
In the Interest of K.N., K.L., K.L., and K.L., Children2026-06-05
…t’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 si…
Austen Consultants, LLC v. Spark I/T Services, LLC; Spark Services, LLC; And Gregory D. Steinig2026-06-04
…f 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 damag…
Ryan Alan Brown and Hunter Brent Brown v. Endeavor Energy Resources, L.P.2026-06-04
…s 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.…
Leni Petrov v. Will-Brooks Inv, LLC2026-06-04
…ing 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…
Christopher M. Perricone v. Katie Beth Perricone2026-06-04
…d evidence, and it may, in its discretion, accept or reject all or any part of such testimony and evidence and in turn resolve any inconsistencies in the evidence. City of Keller v. Wilson, 168 S.W.3d 802, 819–20 (Tex. 2005); In re Estate of Turner, 265 S.W.3d 709, 714–15 (Tex. App.—Eastland 2008, no pet.). We review a trial court’s decision to sustain a contest to a declarant’s alleged inability to afford the payment of…
Tommy Parker, Jr. v. Mary Martha Parrack2026-06-04
…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…
Othalon Shaw v. Omowunmi Shaw2026-06-04
…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)).…
Sandra Amezquita, David Flores, and Christopher Flores v. Chuck Fisher, Tom Fisher, Jayne Ulreich, Rick Fisher, Jake Fisher, Jordan Fisher, Margot Gue2026-06-04
….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 v…
Charles Louis Hogan, Jr. v. Kenneth Everett2026-06-03
…eview, we scrutinize the record “in the light most favorable to the nonmovant, indulging every reasonable inference and resolving any doubts against the motion.” City of Keller v. Wilson, 168 S.W.3d 802, 824 (Tex. 2005). Because Everett attached and relied on evidence in support of his motion for summary judgment, his motion is regarded as a hybrid motion for summary judgment. See Binur v. Jacobo, 135 S.W.3d 646…
Tour Partners Ltd. v. Jay Cohen2026-06-02
The citation is in this opinion but falls in a part of the document the text extractor could not reach — a table, a footnote, or an image. Recorded as uncovered rather than dropped.