Legal Opinion
Johnson v. Ford Motor Co.
Texas Court of Appeals, 11th District (Eastland)
Decided April 11, 1985No. 11-84-143-CVPublishedCited by 35 opinions
1Opinion of the Court
DICKENSON, Justice.
Plaintiff appeals the order of dismissal which was entered after he declined to amend his petition when the trial court sustained special exceptions and found that “plaintiff has failed to allege a claim on which this Court can grant relief.” We reverse the order of dismissal and remand the cause for trial. 1
The rule of appellate review which is applicable to this situation was recently stated in City of Round Rock v. Smith, 687 S.W.2d 300 (Tex.1985):
On appeal a judgment of dismissal for failure to state a cause of action will be sustained only if the allegations of the…
2Cases cited10 opinions
- Sabine Pilot Service, Inc. v. HauckTexas Supreme Court · 1985
- East Line & Red River Railroad v. ScottTexas Supreme Court · 1888
- Wheeler v. WhiteTexas Supreme Court · 1965
- City of Round Rock v. SmithTexas Supreme Court · 1985
- Maus v. National Living Centers, Inc.Court of Appeals of Texas · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Montgomery County Hospital District v. BrownTexas Supreme Court · 1998
- Billy Kirk Pruitt v. Levi Strauss & Co.Court of Appeals for the Fifth Circuit · 1991
- Ramos v. Henry C. Beck Co., Texas Court of Appeals, 5th District (Dallas)1986
- Hicks v. Baylor University Medical Center, Texas Court of Appeals, 5th District (Dallas)1990
- Linda Aiello v. United Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1987
30 more not listed; retrieve them via the Exa API.