White v. Baker & Botts

I dissent.

It is a rule of appellate courts to give each litigant every opportunity to be heard upon the merits of the case, and we will not deny such right to any litigant unless compelled to do so. Allen v. United Supermarkets, Inc., 467 S.W.2d 616, 621 (Tex.Civ.App.—Amarillo 1971, no writ). The object of the rules of procedure is “to obtain a just, fair, equitable and impartial adjudication of the rights of litigants.” Smirl v. Globe Laboratories, 144 Tex. 41, 188 S.W.2d 676, 678 (1945); Tex.R.Civ.P. 1. Where this can be done without doing violence to the rules or injustice to the rights of…