Legal Opinion
Hanks v. Lake Towne Apartments
Texas Court of Appeals, 5th District (Dallas)
Decided June 21, 1991No. 05-90-01291-CVPublishedCited by 12 opinions
1Opinion of the Court
OPINION
ROWE, Justice.
Leona Hanks appeals from the dismissal, with prejudice, of her counterclaim against Lake Towne Apartments. We determine that the trial court properly dismissed the counterclaim, but we agree with Hanks’s assertion that the counterclaim should not have been dismissed with prejudice to Hanks’s right to refile her claim against Lake Towne. Accordingly, we reform the order of dismissal and affirm the order as reformed.
Lake Towne filed an action in a justice of the peace court against Hanks, one of its tenants, alleging forcible detainer and seeking possession of the apartment…
2Cases cited12 opinions
- Holcomb v. LorinoTexas Supreme Court · 1935
- Johnson v. Highland Hills Drive ApartmentsCourt of Appeals of Texas · 1977
- Johnson v. Fellowship Baptist ChurchCourt of Appeals of Texas · 1981
- PHB, INC. v. GoldsmithTexas Supreme Court · 1976
- Johnson v. Highland Hills Drive ApartmentsTexas Supreme Court · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Krull v. SomozaCourt of Appeals of Texas · 1994
- Mastermark Homebuilders, Inc. v. Offenburger Construction, Inc.Court of Appeals of Texas · 1993
- Struve v. Park Place ApartmentsCourt of Appeals of Texas · 1995
- Aubraledda Hines v. Maple Housing of Beaumont, Texas Court of Appeals, 9th District (Beaumont)2019
- Gregory Scott Cunningham v. Bobby Anglin, Texas Court of Appeals, 5th District (Dallas)2015
7 more not listed; retrieve them via the Exa API.