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SIXTH RMA PARTNERS, L.P. v. SIBLEY

No. 02-0179.

111 S.W.3d 46 (2003)

SIXTH RMA PARTNERS, L.P., a/k/a RMA Partners, L.P., Petitioner, v. Thomas J. SIBLEY, Respondent.

Supreme Court of Texas.

Decided May 22, 2003.

Rehearing Denied August 21, 2003.

Attorney(s) appearing for the Case

M.H. Cersonsky, Rachel Rosen, Alonso, Cersonsky & Garcia, P.C., Kevin H. Dubose, Hogan Dubose & Townsend, L.L.P., Houston, for petitioner.

Glenn H. Steele, Jr., John Andrew Cowan, Mary Margaret Parker, Provost & Umphrey Law Firm, L.L.P., Beaumont, for respondent.

Justice SMITH delivered the opinion of the Court.

Texas Rule of Civil Procedure 28 permits a partnership doing business under an assumed name to file suit in that name. Tex.R. CIV. P. 28. However, before judgment, the partnership's correct legal name must be substituted for its assumed name. The first issue in this case is whether there is legally sufficient evidence that Sixth RMA Partners, L.P. used "RMA Partners, L.P." as an assumed name so that the original petition...

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