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DEROECK v. DHM VENTURES, LLC

No. 17-0033.

556 S.W.3d 831 (2018)

Brian DEROECK, Melinda Young, and Kathryn Boykin, Co-Trustees of the Walter A. DeRoeck QTIP Trust, Assignee of Texas Capital Bank National Association, Petitioners, v. DHM VENTURES, LLC, James W. Moritz, and Nathan W. Halsey, Respondents.

Supreme Court of Texas.

Rehearing Denied October 19, 2018.

Attorney(s) appearing for the Case

J. Woodfin Jones , Alexandra W. Albright , Wallace B. Jefferson , Alexander Dubose , Jefferson & Townsend LLP, 515 Congress Avenue, Suite 2350, William R. Hemphill Jr. , Kasling, Hemphill, Dolezal, & Atwell, L.L.P., 301 Congress Avenue, Suite 300, Austin, TX, for Petitioners.

Eric J. Taube , Andrew P. Vickers , Rola Daaboul , Waller Lansden Dortch & Davis, LLP, 100 Congress Avenue, Suite 1800, Craig T. Enoch , Shelby L. O'Brien , Enoch Kever PLLC, Bridgepoint Plaza, 5918 W. Courtyard Dr., Suite 500, Austin, TX, for Respondents.

The court of appeals held that a cause of action for acknowledgment of a debt must be "specifically and clearly" pleaded "in plain and emphatic terms."1 Because this holding conflicts with Rule 47(a) of the Texas Rules of Civil Procedure, which provides that a pleading is "sufficient" if it "give[s] fair notice...

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