Legal Opinion

City of Alice v. Lacey

Court of Appeals of Texas

Decided November 28, 1962No. 14008PublishedCited by 5 opinions

1Opinion of the Court

POPE, Justice.

The City of Alice and Alice Independent School District have appealed from a dismissal of their ad valorem tax suit against Louis Lacey and wife. The trial court heard and granted the defendants’ motion that plaintiffs replead. Upon plaintiffs’ refusal, the court ordered the dismissal.

Rule 68, Texas Rules of Civil Procedure, authorizes a court to order a re-pleader to make the pleadings substantially conform to the rules, and a refusal to replead will justify a dismissal. Ship Ahoy, Inc. v. Whalen, Tex.Civ.App., 347 S.W.2d 662; Landers v. East Texas Salt Water Disposal Co.,…

2Cases cited5 opinions

  1. Landers v. East Texas Salt Water Disposal Co.Texas Supreme Court · 1952
  2. Ship Ahoy, Inc. v. WhalenCourt of Appeals of Texas · 1961
  3. Shaw v. Universal Life & Accident Ins. Co.Court of Appeals of Texas · 1938
  4. Overstreet v. DonnellCourt of Appeals of Texas · 1934
  5. Landers v. East Texas Salt Water Disposal Co.Court of Appeals of Texas · 1951

3Cited by5 opinions

  1. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  2. Miller v. Kossey, Texas Court of Appeals, 7th District (Amarillo)1991
  3. Stein v. Highland Park Independent School DistrictCourt of Appeals of Texas · 1978
  4. City of Corpus Christi v. SudduthCourt of Appeals of Texas · 1971
  5. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984

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