Legal Opinion · Dissent

Frazier v. GNRC Realty, LLC

Court of Appeals of Texas

Decided August 29, 2014No. 13-14-00447-CVPublished

1DissentGregory T. Perkes, Justice

Because I disagree that Frazier’s original answer and responsive discovery clearly waived his right to dismiss GNRC’s suit against him for not complying with Texas Civil Practice and Remedies Code section 150.002,1 respectfully dissent.

■ I: agree with the majority’s recitation of the applicable standard of review, the controlling law on section 150.002, and the law of waiver. I disagree, however, that one sentence from Frazier’s original answer and a single responsive admission to a request for admission amounts to a substantial invocation of thé judicial process “clearly demonstrating an…

2Cases cited5 opinions

  1. Crosstex Energy Services, L.P. v. Pro Plus, Inc.Texas Supreme Court · 2014
  2. Shell Chemical Company v. LambTexas Supreme Court · 1973
  3. PALLADIAN BLDG CO. INC. v. Nortex Foundation Designs, Inc.Court of Appeals of Texas · 2005
  4. Ustanik v. Nortex Foundation Designs, Inc., Texas Court of Appeals, 10th District (Waco)2010
  5. Murphy v. GutierrezCourt of Appeals of Texas · 2012

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API