Legal Opinion

Jones v. Martin K. Eby Const. Co., Inc.

Texas Court of Appeals, 5th District (Dallas)

Decided September 15, 1992No. 05-91-01215-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION

KAPLAN, Justice.

This is a civil Batson 1 case. Appellants contend that Martin K. Eby Construction Company, Inc. and the City of Dallas used their peremptory jury strikes in a racially discriminatory manner. Eby Construction and the City assert that appellants did not preserve this claim for appellate review. We hold that appellants waived their Bat-son claim. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This is a negligence action involving property damage. Appellants sued Eby Construction and the City of Dallas for damage to their homes allegedly caused by blasting operations that…

2Cases cited22 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. Edmonson v. Leesville Concrete Co.Supreme Court of the United States · 1991
  4. Bushell v. DeanTexas Supreme Court · 1991
  5. Hill v. StateCourt of Criminal Appeals of Texas · 1992

17 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In the Interest of K.M.B.Court of Appeals of Texas · 2002
  2. Beall v. Ditmore, Texas Court of Appeals, 8th District (El Paso)1993
  3. Rittenhouse v. Sabine Valley Center Foundation, Inc., Texas Court of Appeals, 6th District (Texarkana)2005
  4. General Motors Acceptance Corp. v. Harris County Municipal Utility District 130, Texas Court of Appeals, 14th District (Houston)1995
  5. Beall v. Ditmore, Texas Court of Appeals, 8th District (El Paso)1993

5 more not listed; retrieve them via the Exa API.

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