PERRY v. COHEN

No. 07-0301.

272 S.W.3d 585 (2008)

Emory B. PERRY, et al., Petitioners, v. Darryl R. COHEN, et al., Respondents.

Supreme Court of Texas.

November 14, 2008.


Attorney(s) appearing for the Case

Robert Joseph Killeen Jr., Jay Alan McKendree, Jennifer Marie Stierman Edwards, Patricia Hotalen, Christopher Michael Raney, Killeen & Stern, P.C., David W. Holman, The Holman Law Firm, P.C., Houston, TX, Robert Craig Stern, Killeen & Stern, P.C., New Orleans LA, for Petitioners.

Richard Douglas Yeomans, Boyce C. Cabaniss, Graves, Dougherty, Hearon & Moody, P.C., William J. Albright, Albright & Albright LLP, Jane M.N. Webre, Scott Douglass & McConnico, L.L.P., Patton G. Lochridge, Karen L. Watkins, Carlos Ramon Soltero, McGinnis Lochridge & Kilgore, L.L.P., Austin TX, for Respondents.


PER CURIAM.

In this case, the trial court dismissed a suit with prejudice after determining that the plaintiffs' amended pleadings failed to comply with an order granting defendants' special exceptions. The court of appeals held that the plaintiffs waived error as to the merits of the order sustaining special exceptions because they did not separately challenge the order on appeal. We hold that the plaintiffs preserved error by challenging the merits of the special...

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