Legal Opinion · Dissent

Khraish v. Hamed

Texas Court of Appeals, 5th District (Dallas)

Decided November 23, 1988No. 05-87-00897-CVPublished

1DissentHowell, Justice

I dissent. The analysis contained in Hughes v. Houston Northwest Medical Center, 647 S.W.2d 5 (Tex.App.— Houston [1st Dist.] 1982, writ dism’d w.o.j.), is flawed in certain respects, but the result is correct, and it is controlling in this case.

The analysis presented by the majority is circuitous at best. The majority seeks to distinguish Hughes on the basis that the lis pendens under attack in that case was valid, whereas, in the opinion of the majority, the lis pendens under attack here is void. Thus, reasons the majority, while the Hughes court did have jurisdiction, we do not. In sum, our…

2Cases cited22 opinions

  1. Texas Foundaries, Inc. v. International Molders & Foundry Workers UnionTexas Supreme Court · 1952
  2. Crane v. TunksTexas Supreme Court · 1959
  3. Pierce v. ReynoldsTexas Supreme Court · 1959
  4. Minton v. FrankTexas Supreme Court · 1976
  5. Ex Parte ZuccaroTexas Supreme Court · 1914

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