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SMITH DETECTIVE AGENCY v. STANLEY SMITH

No. 05-95-01536-CV.

938 S.W.2d 743 (1996)

SMITH DETECTIVE AGENCY & NIGHTWATCH SERVICE, INC. d/b/a Smith Alarm Systems, Inc., Appellant, v. STANLEY SMITH SECURITY, INC., Appellee.

Court of Appeals of Texas, Dallas.

December 20, 1996.

Attorney(s) appearing for the Case

Jill Adler, Thomas, Sheehan & Culp, L.L.P., Dallas, for appellant.

Harry Skeins, Jr., Skeins & Williamson, P.C., San Antonio, for appellee.

Before THOMAS, C.J., and MORRIS and WOLFE, JJ.

OPINION

MORRIS, Justice.

This appeal follows a trial that never happened. Shortly after the case was called to trial, the assigned visiting judge granted appellee Stanley Smith Security, Inc.'s motion for judgment on the pleadings because she concluded appellant Smith Alarm Systems, Inc.'s pleadings were defective. The trial judge granted the motion even though appellant three times requested leave to file a trial amendment to cure the alleged pleading defect...

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