Legal Opinion · Concurrence

Marriage of R.W.M. v. J.C.M. ex rel. L.M.M.

Court of Appeals of Texas

Decided October 4, 1984No. 13-83-462-CVPublished

1ConcurrenceSeerden, Justice

It appears that the rule stated in the above opinion is inconsistent with the modern trend and with the general purpose of the Texas Rules of Civil Procedure as reflected in Rule 1:

“The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial adjudication of rights of litigants under established principles of substantive law. To the end that this objective may be attained with as great expedition and dispatch and at the least expense both to the litigants and to the state as may be practicable, these rules shall be given a liberal construction.”

While it…

2Cases cited3 opinions

  1. Manuel Ellis v. Victor M. CarterCourt of Appeals for the Ninth Circuit · 1964
  2. Guthrie v. RayCourt of Appeals of Texas · 1977
  3. Stelter v. LangoriaCourt of Appeals of Texas · 1985

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