FRIESENHAHN v. RYAN

No. 95-1314.

960 S.W.2d 656 (1998)

Frederick FRIESENHAHN, Nancy Friesenhahn, and Todd Friesenhahn, Petitioners, v. Stephan G. RYAN and Sandra Ryan, individually and as natural parents of Sabrina A. Ryan, a minor deceased, and Stephen G. Ryan, as temporary administrator of the estate of Sabrina A. Ryan, deceased, Respondents.

Supreme Court of Texas.

Decided January 16, 1998.


Attorney(s) appearing for the Case

Ross S. Crossland, Austin, for Petitioners.

Donald J. Mach, San Antonio, for Respondents.


ABBOTT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, ENOCH, OWEN, BAKER and HANKINSON, Justices, join.

We determine whether the trial court should have allowed the plaintiffs an opportunity to amend their pleadings before the trial court rendered a take-nothing summary judgment against them. Under the circumstances of this case, we conclude that the trial court erred in rendering summary judgment. We accordingly...

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