Parker v. Barefield

In this appeal we consider how to preserve error when a trial court sustains special exceptions and then dismisses the case without first allowing the plaintiff the opportunity to amend its pleadings. The court of appeals affirmed the dismissal, concluding that the plaintiffs had waiyed the error by failing to assert their right to replead in a motion for new trial. 202 S.W.3d 211, 213. We disagree that a motion for new trial was needed to preserve error here because the plaintiffs had already asserted their right to replead and had, in fact, amended their pleadings before the trial court…