Perry v. Cohen

In this case, the trial court dismissed a suit with prejudice after determining that the plaintiffs’ amended pleadings failed to comply with an order granting defendants’ special exceptions. The court of appeals held that the plaintiffs waived error as to the merits of the order sustaining special exceptions because they did not separately challenge the order on appeal. We hold that the plaintiffs preserved error by challenging the merits of the special exceptions order in the body of their appellate brief, even though they did not separately and specifically challenge the order in their…