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· 1/21/2011

University of Texas Health Science Center at San Antonio v. Bailey

Citations

  • 332 S.W.3d 395
  • 54 Tex. Sup. Ct. J. 486
  • 2011 Tex. LEXIS 67
  • 2011 WL 182203

How courts have described this case

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

  • holding that misnomer doctrine did not apply where plaintiffs “did not misname or misidentify their defendant; they sued exactly whom they intended to sue”
  • holding that a governmental employer may be substituted for the employee under subsection (f) after limitations has run because there is “no change in the real party in interest”
  • holding, unless an exception applies, an amended pleading adding new party does not relate back to the original pleading.
  • noting that trial court gave deadline to Baileys to amend pleadings, and after employer answered suit, trial court issued order dismissing employee and severed him from case
  • observing that “an amended pleading adding a new party does not relate back to the original pleading” unless an exception applies (quoting Alexander v. Turtur & Assoc., Inc., 146 S.W.3d 113, 121 (Tex. 2004))
  • discussing relation-back doctrine and observing that ordinarily adding new party in amended pleading does not relate back to original proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Hecht

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.