Legal Opinion

Eye Site, Inc. v. Blackburn

Court of Appeals of Texas

Decided March 31, 1988No. C14-87-00675-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

SEARS, Justice.

This is an appeal from the dismissal of a shareholders’ derivative suit for lack of compliance with Tex.R.Civ.P. 42(a). We affirm the order of dismissal.

Joseph Blackburn and Stephen Smolins (appellees) are licensed optometrists. They conceived a new concept in a retail optical store, one with an onsite laboratory where a customer could obtain a prescription, choose frames and pick up the new glasses in a single visit. Blackburn and Smolins formed a limited partnership to open such a store at the Town and Country Mall. They purchased the necessary laboratory equipment…

2Cases cited8 opinions

  1. Fed. Sec. L. Rep. P 98,786 Prescott H. Rathborne v. J. Cornelius RathborneCourt of Appeals for the Fifth Circuit · 1982
  2. Fraser v. GoldbergCourt of Appeals of Texas · 1977
  3. Develo-Cepts, Inc. v. City of GalvestonCourt of Appeals of Texas · 1984
  4. Kuzmickey v. Dunmore Corp.District Court, E.D. Pennsylvania · 1976
  5. Ford v. Bimbo CorporationCourt of Appeals of Texas · 1974

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

3Cited by8 opinions

  1. Goggins v. LeoCourt of Appeals of Texas · 1993
  2. Larry F. Smith, Inc. v. the Weber Co., Inc., Texas Court of Appeals, 5th District (Dallas)2003
  3. Texas Department of Mental Health & Mental Retardation v. Petty Ex Rel. KauffmanCourt of Appeals of Texas · 1989
  4. Eye Site, Inc. v. BlackburnTexas Supreme Court · 1990
  5. Texas Workers' Compensation Insurance v. Ashy, Texas Court of Appeals, 9th District (Beaumont)1998

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