Legal Opinion

Brashear v. Victoria Gardens of McKinney, L.L.C.

Texas Court of Appeals, 5th District (Dallas)

Decided December 16, 2009No. 05-07-01269-CVPublishedCited by 142 opinions

1Opinion of the Court

OPINION ON REHEARING

Opinion By

Justice FILLMORE.

Appellant Paula Brashear filed a motion for rehearing. We overrule the motion for rehearing. On our own motion, we withdraw our opinion issued February 10, 2009 and vacate our judgment of that date. The following is now the opinion of the Court.

Brashear sued several defendants for damages based on allegations that they neglected her mother, a nursing home resident. At that time, one of the defendants was a debtor in bankruptcy. The trial court later dismissed the case for want of prosecution. We conclude that the entire lawsuit was subject to the…

2Cases cited23 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
  3. Perry v. Commerce Loan Co.Supreme Court of the United States · 1966
  4. Houston Municipal Employees Pension System v. FerrellTexas Supreme Court · 2007
  5. Continental Casing Corp. v. Samedan Oil Corp.Texas Supreme Court · 1988

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

3Cited by142 opinions

  1. PopCap Games, Inc. v. MUMBOJUMBO, LLC, Texas Court of Appeals, 5th District (Dallas)2011
  2. American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez, Texas Court of Appeals, 5th District (Dallas)2014
  3. Saxa Inc. v. Dfd Architecture Inc., Texas Court of Appeals, 5th District (Dallas)2010
  4. Florance v. State, Texas Court of Appeals, 5th District (Dallas)2011
  5. Pipes v. HemingwayCourt of Appeals of Texas · 2012

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

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

Powered by the Exa API