Cole v. Hall

I respectfully dissent. Cole did not waive the trial court’s error in dismissing her cause of action for tortious interference. The issue should be addressed on the merits, and this Court should hold, consistent with established law, that such a cause of action exists. This Court should also hold that Cole’s pleadings alleged a cause of action for breach of the duty of good faith and fair dealing.

1. Tortious Interference with a Statutory Right

The majority holds that the controlling issue in a case where the trial court sustained special exceptions and dismissed the cause of action following…