Legal Opinion

Rich v. Durie

Court of Appeals of Texas

Decided June 21, 2017No. 12-17-00022-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

James T. Worthen, Chief Justice

John V.' Rich, Jr., John V. Rich, III, Michael Ryan Rich, and Cherokee Health Property, LLC (collectively the Riches), appeal the trial court’s order denying their motion to dismiss the lawsuit filed by Andrea Durie, as Next Friend for Larry Kolb. In one issue, the Riches contend that the trial court lacks subject matter jurisdiction. We reverse and render.

Background

Kolb alleged he received negligent medical treatment at a nursing home operated by MSHC Bonner Street Plaza (MSHC)* while he resided there in 2012. Acting as next friend for Kolb, Durie sued…

2Cases cited10 opinions

Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
Butner v. United StatesSupreme Court of the United States · 1979
Barnhill v. JohnsonSupreme Court of the United States · 1992
In the Matter of S.I. Acquisition, Inc., Debtor. S.I. Acquisition, Inc. v. Eastway Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1987
Douglas v. DelpTexas Supreme Court · 1999

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3Cited by1 opinion

Sherry Lynn Badalich, Individually and as Independent of the W. Scott Burke, Jr. Estate, and as Trustee of the Badalich Family Trust, and Carl Badalich, Individually and as Trustee of the Badalich Family Trust v. First National Bank of Winnsboro, Texas Court of Appeals, 12th District (Tyler)2017