Sixth RMA Partners, L.P. v. Sibley

Texas Rule of Civil Procedure 28 permits a partnership doing business under an assumed name to file suit in that name. Tex.R. Civ. P. 28. However, before judgment, the partnership’s correct legal name must be substituted for its assumed name. The first issue in this case is whether there is legally sufficient evidence that Sixth RMA Partners, L.P. used “RMA Partners, L.P.” as an assumed riame so that the original petition filed under the name RMA Partners, L.P. was effective to commence suit on behalf of Sixth RMA Partners, L.P. The second issue is whether Sixth RMA Partners, L.P.’s second…