PARKER v. BAREFIELD

No. 06-0201.

206 S.W.3d 119 (2006)

Margaret PARKER and Jimmy Harville, Both Individually and as Next Friends of Sidney Harville, a Minor, Petitioners, v. Sharman Weaver BAREFIELD and Champion EMS, Respondents.

Supreme Court of Texas.

October 27, 2006.


Attorney(s) appearing for the Case

Michael R. McGown, Kathleen Marie Kennedy, Benckenstein, Norvell & Nathan, L.L.P., Beaumont TX, Richard S. Fischer, The Law Office of Richard S. Fischer, Nacogdoches TX, for Petitioners.

Lynn Cullen Moore, Nathan Montgomery Rymer, Debra Ibarra Mayfield, Rymer, Moore, Jackson & Echols, P.C., Houston TX, for Respondents.


PER CURIAM.

In this appeal we consider how to preserve error when a trial court sustains special exceptions and then dismisses the case without first allowing the plaintiff the opportunity to amend its pleadings. The court of appeals affirmed the dismissal, concluding that the plaintiffs had waived the error by failing to assert their right to replead in a motion for new trial. 202 S.W.3d 211, 213. We disagree that a motion for...

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