Howell v. Coca-Cola Bottling Co. of Lubbock, Inc.

ON APPLICATION FOR WRIT OF ERROR

We refuse the writ of error in this case, no reversible error, but we disapprove that part of the opinion which holds that Rule 324, Tex.R.Civ.P., required the plaintiff in a non-jury action to file a motion for new trial as a predicate to preserve the alleged error. 595 S.W.2d 208.

The trial court dismissed Reverend Rodney Howell’s suit after sustaining a special exception which stated that the action was barred by limitations. Plaintiff’s fourth amended petition had dropped the defendant that had been sued in the first three petitions and named a new and…