Supreme Court of Texas

In circumstances where a trial court sustained special exceptions and then dismissed plaintiffs' case without first allowing them the opportunity to amend their pleadings, a court of appeals erred in finding that they had waived the trial court's error by not complaining in a motion for new trial following the dismissal. Because the record reflected that plaintiffs not only requested leave to amend, but also filed amended pleadings before the dismissal, plaintiffs were not required to request to amend in a motion for a new trial to preserve the error.

Appellate Information

• Decided 10/27/2006
• Published 10/27/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Michael R. McGown, Kathleen Marie Kennedy, Benckenstein, Norvell & Nathan, L.L.P., Beaumont TX, Richard S. Fischer, The Law Office of Richard S. Fischer, Nacogdoches TX, for Petitioners.


• For Appellees:
  
• Lynn Cullen Moore, Nathan Montgomery Rymer, Debra Ibarra Mayfield, Rymer, Moore, Jackson & Echols, P.C., Houston TX, for Respondents.