· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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