Legal Opinion

Brian Deroeck, Melinda Young, and Kathryn Boykin, Co-Trustees of the Walter A. Deroeck Qtip Trust, Assignee of Texas Capital Bank National Association v. Dhm Ventures, LLC, James W. Moritz, and Nathan W. Halsey

Texas Supreme Court

Decided June 22, 2018No. 17-0033PublishedCited by 16 opinions

1Per curiam

The court of appeals held that a cause of action for acknowledgment of a debt must be "specifically and clearly" pleaded "in plain and emphatic terms." Because this holding conflicts with Rule 47(a) of the Texas Rules of Civil Procedure, which provides that a pleading is "sufficient" if it "give[s] fair notice of the claim involved," 2 we reverse and remand the case to the court of appeals for further proceedings.

DHM Ventures, LLC borrowed $8.5 million for a real estate investment as evidenced by a promissory note secured by a deed of trust and guaranteed by two of its principals, James…

2Cases cited9 opinions

  1. Horizon/CMS Healthcare Corporation v. AuldTexas Supreme Court · 2000
  2. Roark v. AllenTexas Supreme Court · 1982
  3. Southwestern Bell Telephone Co. v. GarzaTexas Supreme Court · 2004
  4. Stine v. StewartTexas Supreme Court · 2002
  5. Steves Sash & Door Co. v. Ceco Corp.Texas Supreme Court · 1988

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3Cited by16 opinions

  1. Baylor Scott & White Health, and Scott & White Healthcare v. Jerry Bostick, Texas Court of Appeals, 5th District (Dallas)2024
  2. Brian DeRoeck, Melinda Young, and Kathryn Boykin, as Co-Trustees of the Walter A. DeRoeck QTIP Trust, Assignee of Texas Capital Bank National Association v. DHM Ventures, LLC James W. Moritz And Nathan W. Halsey, Texas Court of Appeals, 3rd District (Austin)2019
  3. Carol Johnene Morris v. City of Midland, Texas:J.M. Cox Resources: And I.C.E.E.D. Inc., Texas Court of Appeals, 11th District (Eastland)2025
  4. Dr. Kelly Isbell v. Jeanne Russell, Mission Street Consulting LLC, and Kate Rogers, Texas Court of Appeals, 13th District2022
  5. Enosis Investments v. JensenTexas Business Court · 2026

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