Legal Opinion

Eye Site, Inc. v. Blackburn

Texas Supreme Court

Decided October 17, 1990No. C-7611PublishedCited by 25 opinions

1Opinion of the Court

OPINION

COOK, Justice.

This case presents the question whether the only dissenting shareholder of a close corporation may bring a derivative suit against the remaining shareholders. The trial court ruled that Tex.R.Civ.P. 42(a) prevents the shareholder from initiating such a lawsuit and dismissed the shareholder’s case. The court of appeals affirmed. 750 S.W.2d 274 (1988). Because there is nothing in the rule which prevents the maintenance of this lawsuit, we reverse the judgment of the court of appeals and remand the cause to the trial court for further proceedings.

I

Joseph Blackburn and…

2Cases cited14 opinions

  1. Daily Income Fund, Inc. v. FoxSupreme Court of the United States · 1984
  2. Wingate v. HajdikTexas Supreme Court · 1990
  3. Fed. Sec. L. Rep. P 98,786 Prescott H. Rathborne v. J. Cornelius RathborneCourt of Appeals for the Fifth Circuit · 1982
  4. Catherine Wilson Nolen, on Behalf of Herself and All Other Stockholders of the Shaw-Walker Company v. The Shaw-Walker CompanyCourt of Appeals for the Sixth Circuit · 1971
  5. Zauber v. Murray Savings Ass'nCourt of Appeals of Texas · 1979

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

3Cited by25 opinions

  1. Stary v. DeBordTexas Supreme Court · 1998
  2. Goggins v. LeoCourt of Appeals of Texas · 1993
  3. Sneed v. WebreTexas Supreme Court · 2015
  4. Larry F. Smith, Inc. v. the Weber Co., Inc., Texas Court of Appeals, 5th District (Dallas)2003
  5. In Re SchmitzTexas Supreme Court · 2009

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

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