LOW v. HENRY

No. 04-0452.

221 S.W.3d 609 (2007)

Robert LOW, D.O. and Stephen Smith, M.D., Petitioners, v. Thomas J. HENRY and the Law Offices of Thomas J. Henry, Respondents.

Supreme Court of Texas.

Decided April 20, 2007.


Attorney(s) appearing for the Case

Carlos Villarreal, Brian Charles Miller, Robert J. Seerden and J. Kevin Oncken, for Petitioners.

Paul D. Andrews, Keith Matthew Gould and Paul D. Andrews, for Respondents.

John C. Marshall, III, Marshall & McCracken, Melanie Sky Breedlove, Lanette Lurleen Lutich, Cooper & Scully, P.C., Houston, Michael L. Hurst, Hermes Sargent & Bates, Michael Berry, Thompson & Knight, John A. Scully, Cooper & Scully, P.C., Dallas, Jennifer P. Henry, Thompson & Knight, Fort Worth, for Other.

Donald P. Wilcox, Susan G. Taylor, Austin, for Amicus Curiae.


Justice WAINWRIGHT delivered the opinion of the Court.

Texas follows a "fair notice" standard for pleading, in which courts assess the sufficiency of pleadings by determining whether an opposing party can ascertain from the pleading the nature, basic issues, and the type of evidence that might be relevant to the controversy. See Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 230 (Tex.2004); Horizon/CMS...

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