Dep't of Human Resources v. Wininger, 657 S.W.2d 783 (Tex. 1983). · Go Syfert
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Dep't of Human Resources v. Wininger, 657 S.W.2d 783 (Tex. 1983). Cases Citing This Book View Copy Cite
12 citation events (1 in the last 25 years) across 2 distinct courts.
Strongest positive: in the Estate of Bobby Wayne Dillard (texapp, 2008-09-30)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) in the Estate of Bobby Wayne Dillard
Tex. App. · 2008 · confidence medium
"It is axiomatic that an appellate court cannot reverse a trial court's judgment absent properly assigned error." Pat Baker Co. v. Wilson , 971 S.W.2d 447, 450 (Tex. 1998) (citing Allright, Inc. v. Pearson , 735 S.W.2d 240, 240 (Tex. 1987); Tex. Nat'l Bank v. Karnes , 717 S.W.2d 901, 903 (Tex. 1986); Dep't of Human Res. v. Wininger , 657 S.W.2d 783, 784 (Tex. 1983)); see also San Jacinto River Auth. v. Duke , 783 S.W.2d 209, 210 (Tex. 1990).
cited Cited as authority (rule) Pat Baker Co., Inc. v. Wilson
Tex. · 1998 · confidence medium
Allright, Inc. v. Pearson, 735 S.W.2d 240, 240 (Tex.1987); Texas Nat’l Bank v. Karnes, 717 S.W.2d 901, 903 (Tex.1986); Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983).
cited Cited as authority (rule) Starcrest Trust v. Berry
Tex. App. · 1996 · confidence medium
Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983).
cited Cited as authority (rule) Starcrest Trust v. Sam C. Berry
Tex. App. · 1996 · confidence medium
Department of Human Resources v. Wininger , 657 S.W.2d 783, 784 (Tex. 1983).
discussed Cited as authority (rule) Doe v. Doe
Tex. App. · 1990 · confidence medium
Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.-Dallas 1985, writ ref’d n.r.e.).
discussed Cited as authority (rule) Texas Employment Commission v. Hodges
Tex. App. · 1987 · confidence medium
Gulf Consolidated Int'l, Inc. v. Murphy, 658 S.W.2d 565, 566 (Tex.1983); Dept. of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); Samples Exterminators v. Samples, 640 S.W.2d 873, 875 (Tex.1982); Mullinax, Wells, Baab & Cloutman v. Sage, 692 S.W.2d 533, 536 (Tex.App.—Dallas 1985, writ ref’d n.r.e.).
cited Cited as authority (rule) McCraw v. Vickers
Tex. App. · 1986 · confidence medium
Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); American General Fire & Casualty Co. v. Weinberg, 639 S.W.2d 688 (Tex.1982).
cited Cited "see" Creavin v. Moloney
Tex. App. · 1989 · signal: see · confidence high
See Department of Human Resources v. Wininger, 657 S.W.2d 783, 783 (Tex.1983); Cameron v. MacDonell, 659 S.W.2d 911, 912 (Tex.App.—Corpus Christi 1983, no writ).
discussed Cited "see" Medical Protective Co. v. Glanz (2×)
Tex. App. · 1986 · signal: see · confidence high
See Department of Human Resources v. Wininger, 657 S.W.2d 783, 784 (Tex.1983); American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688, 689 (Tex. 1982).
Retrieving the full opinion text from the archive…
DEPARTMENT OF HUMAN RESOURCES, the State of Texas, Petitioner,
v.
Delores WININGER, Respondent
C-2333.
Texas Supreme Court.
Oct 5, 1983.
657 S.W.2d 783
1983 Tex. LEXIS 375
Jim Mattox, Atty. Gen., Michael H. Patterson, Asst. Atty. Gen., Austin, for petitioner., Ron L. Yandell, Wichita Falls, for respondent.
Per Curiam.
Cited by 12 opinions  |  Published
PER CURIAM.

The Department of Human Resources brought this suit to enjoin Delores Wining-er from operating a child care facility in her home. The trial court found that Wininger had not complied with the various minimum standards for registered family homes in violation of Chapter 42 of the Texas Human Resources Code and granted a permanent injunction. Tex.Hum.Res.Code Ann. Chap. 42 (1980 & Supp.1982). The court of appeals dissolved the injunction based on the Department’s failure to have properly pleaded its cause of action. 653 S.W.2d 376. We reverse the judgment of the court of appeals and remand this cause to that court.

The Department’s pleadings alleged that Wininger had failed to comply with licensing requirements promulgated for the operation of child care facilities. This pleading was in error, for the proper allegation should have been based on Wininger’s failure to have met the registration requirements of the Code. The unchallenged findings of fact and admissions at trial show the trial court judgment was based on Win-inger’s refusal to comply with the Code registration requirements. Although no[*784] pleading error was raised in the trial court or the court of appeals, this impropriety was the basis for the court of appeals’ reversal of this cause. The court did not reach the two points addressed by Wining-er, both of which challenged the constitutionality of the statute in question.

By reversing on this unassigned error, the court of appeals erroneously elevated a pleading defect to the status of fundamental error. American General Fire and Casualty Co. v. Weinberg, 639 S.W.2d 688 (Tex.1982). This holding is contrary to Tex.R. Civ.P. 90 and this Court’s holding in Weinberg. Therefore, the application for writ of error is granted and, without hearing oral arguments, the judgment of the court of appeals is reversed and this cause is remanded to the court of appeals for disposition of points of error properly presented thereto. Tex.R.Civ.P. 451, 483.