MacVean v. MacVean

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding no trial by consent as to defamation claim when grandparent’s statements to DFPS were relevant to other issues in the trial
• reiterating and applying rule that “[a]mended pleadings supersede prior pleadings, and any claim not carried forward in an amended pleading is deemed dismissed”
• upholding reversal of the judgment for the plaintiff on a defamation claim because the judgment was based on a factual theory that did not conform to the factual theory pleaded in the petition
• requiring us to liberally construe a pleading where “no special exception is made”
• “A liberal construction does not require a court to read into a petition what is plainly not there.” (citation modified)
• “Amended pleadings supersede prior pleadings, and any claim not carried forward in an amended pleading is deemed dismissed.”

Source: CourtListener parenthetical corpus (CC0).