Legal Opinion
Davis v. Outdoor Equipment Co.
Court of Appeals of Texas
Decided March 24, 1977No. 16852PublishedCited by 8 opinions
1Opinion of the Court
PEDEN, Justice.
Judy Davis, plaintiff in a personal injury suit, appeals from the granting of a directed verdict to defendant Outdoor Equipment Company, a partnership, based on its limitations plea. The plaintiff sued Outdoor Equipment Company, a corporation, and took a default judgment against it. The partnership was never named or served, and first became a party when it voluntarily entered an appearance 56 days after the two-year statute of limitations had run. The trial court made an unchallenged finding that the two companies have no relationship with each other.
The only legal issue…
2Cases cited5 opinions
- Rigo Manufacturing Company v. ThomasTexas Supreme Court · 1970
- Hallaway v. ThompsonTexas Supreme Court · 1950
- First State Bank & Trust Co. v. RamirezTexas Supreme Court · 1939
- Callan v. Bartlett Electric Cooperative, Inc.Court of Appeals of Texas · 1968
- Pickering Mfg. Co. v. GordonCourt of Appeals of Texas · 1914
3Cited by8 opinions
- Alexander v. Turtur & Associates, Inc.Texas Supreme Court · 2004
- CIGNA Insurance Co. v. TPG Store, Inc., Texas Court of Appeals, 3rd District (Austin)1995
- Braselton-Watson Builders, Inc. v. BurgessCourt of Appeals of Texas · 1978
- Alexander v. Turtur & Associates, Inc.Texas Supreme Court · 2004
- CIGNA Insurance Company and INAC Corporation v. TPG Store, Inc. (Formerly Known as Kash Karry, Inc., Subsidiary of Fresh Plus Austin, Inc.), Texas Court of Appeals, 3rd District (Austin)1995
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