Legal Opinion

Atchison v. Weingarten Realty Management Co.

Texas Court of Appeals, 1st District (Houston)

Decided January 25, 1996No. 01-94-01259-CVPublishedCited by 37 opinions

1Opinion of the Court

OPINION

WILSON, Justice.

Can an appellate court, faced with a timely objection, consider a pleading that appears in the transcript solely as an exhibit to another pleading? Because we hold we cannot consider such a pleading, we affirm the trial court’s judgment.

Appellant Gertrude Atchison sued appellee Weingarten Realty Management Company for injuries she suffered when she fell in Weingarten’s parking lot. Weingarten filed a motion for summary judgment against At-chison; the trial court granted the motion and rendered a take-nothing summary judgment for Weingarten. Atchison appeals with three…

2Cases cited12 opinions

  1. North East Independent School District v. AldridgeTexas Supreme Court · 1966
  2. DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
  3. Mafrige v. RossTexas Supreme Court · 1994
  4. Park Place Hospital v. Estate of MiloTexas Supreme Court · 1995
  5. Farmer v. Ben E. Keith Co.Texas Supreme Court · 1995

7 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Villafani v. TrejoTexas Supreme Court · 2008
  2. Roventini v. Ocular Sciences, Inc., Texas Court of Appeals, 1st District (Houston)2003
  3. Mathis v. RKL Design/Build, Texas Court of Appeals, 1st District (Houston)2006
  4. Mallios v. Standard Insurance Co., Texas Court of Appeals, 14th District (Houston)2007
  5. Kaman v. State, Texas Court of Appeals, 1st District (Houston)1996

32 more not listed; retrieve them via the Exa API.

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