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1 | to the extent that delaney suggests otherwise, it is disapproved. |
0 | "" (alterations in original) (quoting drd pool serv., inc. , 416 md. at 64, 5 a.3d 45 )). |
0 | it is hereby ordered that the motion is granted to the extent that enforcement of the order entered february 6, 2018 is stayed until july 16, 2018, or until 10 days after supreme court affixes the amount of the undertaking for an automatic stay pursuant to cplr 5519 (a) (4), whichever occurs first (see wilkinson v sukiennik,120 ad2d 989 [4th dept 1986]). |
0 | i thought the principle of new york times v. sullivan secure. |
0 | we find no error in the trial court's judgment. |
0 | there was some discussion of the superintendent's report before the board voted upon it in the november 17 meeting, but the record is unclear as to the extent of that discussion. |
0 | the record also reflects that in a separate cause number, and prior to his robbery trial, parker pleaded guilty to the crime of receiving stolen property. |
0 | (id. at 94, 107-09, r.r. at 99a, 112a-114a.) |
1 | collin v. connecticut valley arms, inc., supra, 137 cal.app.3d 815 and united farm workers of america v. superior court, supra, 111 cal.app.3d 1009, 1119, are disapproved insofar as the former holds and the latter states that jurors who did not join in the negligence special verdict may not vote on the proximate cause special verdict. |
1 | we recognize that this reading of fager disapproves prior cases. |
0 | the 2011 amendment, however, applies only to an acknowledgment that became effective on or after the effective date of the act, september 1, 2011. act of may 27, 2011, 82nd leg., r.s., ch. 1221, sec. 11, 2011 tex. gen. laws 2356, 2359. |
0 | id., at 386387. |
1 | in rejecting the doctrine of equitable subrogation in the present case, the trial court relied on two decisions of this court which we now address. |
0 | the result of this appeal, however, has caused me to revisit the court's decision in alvear i. see ex parte alvear, 524 s.w.3d 261 (tex. app.waco 2016, no pet.). |
1 | this aspect of huf needs to be re-examined in light of blakely. |
1 | we recede from fernandez v. state |
0 | knight argues that the state violated his right to a speedy trial. |
1 | we hold, therefore, that 537.080 does provide a cause of action for the wrongful death of a viable fetus. |
1 | a majority of the justices of this court voted to consider this appeal en banc, and we overrule mcgregor to the extent it can be read to support jurisdiction in this court over an appeal from a judgment of a county court on an appeal from small claims court. |
1 | we reverse and remand, and in doing so, we overrule commonwealth v. constant |
0 | if the defendant is a natural person at least 18 years of age or emancipated by court order, by: |
1 | o the extent to which people v. kimbley (1961) 189 cal.app.2d 300 [ 11 cal.rptr. 519], and people v. berner (1938) 28 cal.app.2d 392 [ 82 p.2d 617], are inconsistent with the views expressed herein, they are disapproved. |
0 | if a contract is ambiguous, we review construction questions as questions of fact under the legal and factual sufficiency standards, and the scope of our review expands: ""[a]n ambiguous contract opens the door to parol evidence that sheds light on the parties' true intent."" |
1 | any contrary holding inwillswood plantation, inc. v. foret, 391 so.2d 1389 (la.app. 4th cir. 1980) is expressly overruled. |
1 | to the extent that aggers v. bridges, supra, and state v. parks, supra, are inconsistent with this holding, they are hereby overruled. |
0 | but see state v. parks, 265 kan. 644, 649, 962 p.2d 486 (1998) (noting victim impact statements could be used by sentencing judge in assessing extent of harm caused by defendant's conduct; and although statement contained information not bearing on that, record did not show court improperly considered it). |
1 | it is obviously inconsistent with our more recent cases, and is hereby overruled. |
1 | we therefore overrule mathis to the extent it adopted the presumption doctrine. |
1 | whether or not the court intended to convey this meaning in clark v. barney, and because the ruling in that case has lost much of its applicability under later modifications, our previous holding in clark v. barney is hereby expressly overruled insofar as it conflicts with the following rule, which we deem to be controlling in this case: |
0 | many of respondent's acts of misconduct, taken alone, would probably warrant no more than a public censure. |
0 | unlike the situation where there is no forum-selection clause, the plaintiff ""must bear the burden of showing why the court should not transfer the case to the forum to which the parties agreed."" |
0 | this defendant was hands-on. |
1 | to the extent they are inconsistent with this conclusion, we disapprove jue v. patton, supra, 33 cal.app.4th 456, and ryder v. peterson, supra, 51 cal.app.4th 1056. |
0 | based on that de novo review, this court in abshire ii found the plaintiffs met the numerosity requirement. |
1 | to the extent it is inconsistent with this analysis, we disapprove sweat v. hollister (1995). |
1 | as discussed in state v. dejesus, this interpretation of tiedemann is erroneous, and we disavow it. |
0 | trial court's findings were not against manifest weight of evidence. |
1 | based on the holding in mitchell, the primary basis for the holding in osorio no longer remains sound. |
0 | see bentley v. bunton, 94 s.w.3d 561, 581 (tex. 2002); see also isaacks, 146 s.w.3d at 156-57. |
1 | however, to the extent that cervantes, and ex parte mcatee, 599 s.w.2d 335 (tex.crim.app. 1980), indicate that a failure to admonish pursuant to art. 26.13(a)(4) automatically entitles one to post-conviction collateral relief without a showing of harm, they are overruled. |
1 | although the result would not have been different in that case under the standard articulated here, we disapprove of the standard as presented in robinson. |
0 | under this standard, we view the evidence in the light most favorable to the trial court's ruling, and we will uphold the trial court's ruling so long as it was within the zone of reasonable disagreement. |
0 | the district court specifically considered and rejected appellant's argument that the county's action of failing to initiate termination proceedings involving s.j. after that child's birth in 2014, and of allowing appellant to parent a.s. and t.s. after their father became unavailable to parent them in 2015, provides sufficient evidence to overcome her presumption of unfitness. |
1 | inasmuch as the supreme court of the united states has directly held that a geographical term which was descriptive of the place where the articles were manufactured was not registrable even though it had acquired a secondary meaning, we must follow our decision in the overhead door case, supra, which is in harmony with the views of the supreme court, and in so far as the opinion in the case of in re plymouth motor corporation, supra, expresses a contrary view, it must be considered as overruled. |
1 | the court's decision to abandon durham-mcdonald in favor of ali- mcdonald does nothing to obsolete these questions or the court's responses to them. |
1 | we disagree with the state's contentions and disapprove williams to the extent that it conflicts with this decision. |
0 | c.v. stated that after r.s. brought him back into the room, j.s. held his arms again. |
1 | we overrule any language in bryant that suggests that the proper inquiry for assessing prejudice is whether a jury could have convicted the petitioner of the lesser-included offense instead of the charged offense. |
1 | thus, to the extent that the decisions of this court in carney v. moody, supra and in fireman's fund ins. v. government emp. ins., ky., 635 s.w.2d 475 (1982), are in conflict with our decision in this case, they are overruled. |
1 | accordingly, we now adopt that rule and disapprove the court of appeal decision in glende motor, supra, 159 cal.app.3d 389, to the extent that it is contrary to our conclusion. |
1 | we conclude that the reasons for overruling plair and its progeny are sufficiently weighty. |
0 | 80 a.3d at 1013. |
1 | ##people v. smith is reversed, not overruled (same line of cases). |
0 | as the court explained, the state has the "" 'duty . . . to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust.' |
1 | to the extent of conflict herewith, we disapprove of the opinion in halpin. |
1 | monge holds to the contrary and overrules these four decisions (but not the general rule that insufficiency of the evidence on any element precludes retrial). |
1 | to the extent that they may be said to be in conflict herewith, our prior holdings in gardner and carnation, supra, are hereby specifically overruled. |
0 | in 2017, cvpa moved for summary judgment on the ground that it ""had no knowledge of any lump in the board room carpet at any time prior to the alleged [a]ugust 25, 2013 incident and used reasonable care in maintaining the board room carpet."" |
1 | it is our opinion that smith v. commonwealth should be and it is hereby overruled. |
0 | the statute says nothing about assessing trial court costs against the defendant."" |
0 | see zannino, 895 f.2d at 17. |
1 | language in people v. oxnam, supra, 170 cal. 211, people v. keyes, supra, 178 cal. 794, and people v. fisher, supra, 49 cal.app.3d 174, inconsistent with this opinion is disapproved. |
0 | horne was then hired for the position and began on september 29, 2014. |
1 | to the extent that cooper may be read to permit proof only by probable cause, it is overruled. |
0 | id., 596. |
0 | in 1995, the county adopted an ordinance banning billboards in the area where lamar's billboard was located. |
1 | however, our analysis is contrary to the rationale, if not the holding, of in re estate of gainer, 579 so.2d 739, which stressed the lack of proof of a gift inter vivos in concluding that the statutory presumption had been rebutted. |
1 | the decision in southwestern bell tel. co. v. nelson, supra, no longer should be considered as expressive of law applicable to the issue. |
0 | fatalgram 11-07, alaska dep't of labor & workforce dev., http://labor.state.ak.us/lss/forms/fatalgram_11-07.pdf. |
1 | because bluebonnet express, inc. v. employers ins. of wausau, 655 s.w.2d 327 (tex.app. houston [14th dist.] 1983, no writ) held to the contrary, it is disapproved. |
1 | ##note: yamaha corp. v. state bd. of equalization is the current case that is being dealt with therefore it is not being overruled. |
0 | relying on article i, 2, of the constitution, the court required that congressional districts be drawn with equal populations. |
1 | while we reject the rigid zone of danger approach set forth in shelton, that rejection serves only to dissolve rigid, often nonsensical, physical injury and contemporaneous fear requirements. |
1 | we hold that the underwriter is not liable for the excess and in doing so overrule nebel towing. |
1 | the louisiana supreme court's remand of the instant case for review under our supervisory jurisdiction overrules by implication certain dicta of the jackson opinion that is inconsistent with such supervisory review.; |
1 | on this point, insofar as montgomery v. state, supra, and cases cited therein, state a different rule, we overrule them, and hold that such questions are questions of fact, not law, and that it is up to the trier of fact to weigh those factors and determine whether the defendant was intoxicated and, if so, whether the intoxication was a result of alcohol consumption prior to or after the commission of an offense. |
1 | the board and two judges of this court would evidently abolish the long-established principle of old monk which in this case dictates dismissal of the petition for cancellation. |
1 | to the extent the result in any of these cases may have been correct under the law as set forth in today's opinion, that result is irrelevant to the question before us. |
0 | 18 a.l.r. fed. 2d 223 (originally published in 2007, continuously updated) (citing 28 u.s.c. 1332(d)(2)). |
0 | the officers took a ""small .22 pistol,"" which was loaded and had a shell in the chamber, from the right pocket of his jacket. |
1 | we hereby abrogate our expression of the malicious prosecution elements set out in raine v. drasin in favor of the following articulation. |
1 | in that connection, this opinion overrules any statements and conclusions made in the brager case with respect to the effect of the braden opinion on situations involving challenges to pending untried criminal charges on which a detainer is based. |
1 | this court's lewis decision, in placing great emphasis on the fact that lewis' petit theft and uttering a forgery offenses were based on the "same act," and in going beyond the blockburger test, cannot be reconciled with recent supreme court rulings. |
0 | examples of parties that have been ""preclude[d] from intervening in a proceeding"" per this agrico ""substantial interest"" test are mid-chattahoochee river users, 948 so. 2d at 797, and city of sunrise, 615 so. 2d at 748two cases where the petitioners lacked standing for alleging mere economic injury, and not the kind of injury for which the proceeding was designed to protect, namely, the protection and conservation of water and related land sources. |
0 | in addition, nollmeyer explained that the county normally checks contractor status on the l&i website prior to awarding bids, but in this case, he admitted to checking only specialty's status. |
0 | see mathias, 347 f.3d at 678. |
1 | we have jurisdiction, article v, section 3(b)(3), florida constitution, and we approve in part and quash in part the decision of the fourth district. |
0 | here the defendants did not cause the overdetention because they could not have initiated an arraignment and, as discussed below, the plaintiffs have disavowed any argument that the sheriff or wardens could have ordered release. |
1 | and we therefore disapprove of wyche to the extent it holds to the contrary. |
0 | tenn. sup. ct. r. 14. |
1 | in reaching that conclusion, we recede from the previous holding of this court in hall v. state, 505 so.2d 657, 658 (fla. 2d dca), cause dismissed, 509 so.2d 1117 (fla. 1987), in which we stated that an essential element of proof in regard to the crime of robbery is "that the accused had the specific intent to permanently deprive the owner of property. |
1 | we also disapprove thompson, moorer, and burrell to the extent that they are inconsistent with this opinion. |
1 | consequently, to the extent that miller or perez can still be read as authority for overlooking a party's failure to make a timely and specific objection to the admission of evidence at trial and subsequently preserve the issue for appellate review by including it in a 1925(b) statement to which the trial court responds, their rationale for overlooking waiver is disavowed. |
1 | by agreeing with labonte, we implicitly overruled that portion of r.w. roberts that cited approvingly the new york case of arcata graphics corp. v. silin, 59 a.d.2d 1007 (1977), which held an arbitration provision void for lack of mutuality of obligation. |
1 | we also disapprove the decision of the fourth district in watson. |
1 | we therefore disapprove the discussion in russell v. roberts, supra, 39 cal.app.3d at pages 394-395, and the dicta in goodyear v. mack, supra, 159 cal.app.3d at pages 659-660, and shepherd v. robinson, supra, 128 cal.app.3d at page 626. |
1 | we approve the decision below and disapprove cecil to the extent it is inconsistent with this opinion. |
0 | johnson testified at trial that the man holding the gun was one of the two men wearing a blue sweater. |
1 | we now disavow that part of the opinion in apple which takes into account only the former "commencement" date. |
0 | ""if any such challenge to the underlying conviction is successful, the defendant may then apply for reopening of his federal sentence."" |
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