Search for: "Matter of S.W." Results 21 - 40 of 1,490
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23 Feb 2017, 3:59 pm by WOLFGANG DEMINO
  Fiduciary duties arise as a matter of law in certain formal relationships, including attorney-client and trustee relationships. [read post]
29 May 2013, 3:12 pm by WOLFGANG DEMINO
SOURCE: AUSTIN COURT OF APPEALS - 03-10-00784-CV - 01/4/2013 The interpretation or construction of an unambiguous contract is a matter of law to be determined by the court. [read post]
15 Mar 2013, 10:53 pm by WOLFGANG DEMINO
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
15 Mar 2013, 10:53 pm by WOLFGANG DEMINO
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
10 Jan 2017, 9:31 am by Wolfgang Demino
Miller, 52 S.W.3d 693, 696 (Tex. 2001); Barr, 837 S.W.2d at 630. [read post]
20 Mar 2013, 10:30 am by WOLFGANG DEMINO
See Mustang Pipeline Co., 134 S.W.3d at 199-200 (concluding that when contract stated time was of the essence and one party failed to perform, other party was excused from performance as a matter of law); see also Fedgess Shopping Cntrs., Ltd. v. [read post]
10 Jan 2017, 9:31 am by WOLFGANG DEMINO
Miller, 52 S.W.3d 693, 696 (Tex. 2001); Barr, 837 S.W.2d at 630. [read post]
26 Feb 2013, 10:21 am by WOLFGANG DEMINO
P. 44.1(a); Nissan Motor Co., 145 S.W.3d at 144; see also Columbia/HCA of Houston, Inc., 8 S.W.3d at 21. [read post]
31 May 2013, 1:22 pm by WOLFGANG DEMINO
"Meeting of the minds" describes the mutual understanding and assent to the agreement regarding the subject matter and the essential terms of the contract. [read post]
24 Nov 2014, 6:54 am by WOLFGANG DEMINO
Showing that a party had no intent to perform "is not easy," as such matters are not usually susceptible to direct proof. [read post]
1 May 2012, 8:16 pm by WOLFGANG DEMINO
Since arbitration is generally a matter of contract, the FAA requires courts to honor parties' expectations. [read post]
10 Jan 2017, 8:06 am by Wolfgang Demino
 - 2/27/2014  INSURANCE COVERAGE TERMINATED BECAUSE PREMIUMS WAS NOT PAID  As a matter of law, the insurance provided by the Policy "end[ed]" and was not "in force" after the end of the grace period. [read post]