Legal Opinion · Dissent

Zaidi v. Shah

Court of Appeals of Texas

Decided September 8, 2016No. 14-14-00855-CVPublished

1DissentKem Thompson Frost, Chief Justice

I respectfully dissent and write separately to address two points.

First, the court need not address the appellants’ fifteenth-issue argument that the trial court erred in granting a default judgment because that issue is moot. Mootness notwithstanding, the majority concludes that a corporate entity has the right to defend itself in a Texas court even if the entity’s right to transact business in Texas has been forfeited under subchapter F of Tax Code chapter 171 and not revived. But, the unambiguous language of Tax Code section 171.252 and precedent from the Supreme Court of Texas mandates…

2Cases cited26 opinions

  1. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  2. CMH Homes, Inc. v. DaenenTexas Supreme Court · 2000
  3. Dyson v. Olin Corp.Texas Supreme Court · 1985
  4. Texas Parks & Wildlife Department v. Sawyer TrustTexas Supreme Court · 2011
  5. Perry v. CohenTexas Supreme Court · 2008

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