Reddy P'ship/5900 North Freeway LP v. Harris Cnty. Appraisal Dist., 370 S.W.3d 373 (Tex. 2012). · Go Syfert
Reddy P'ship/5900 North Freeway LP v. Harris Cnty. Appraisal Dist., 370 S.W.3d 373 (Tex. 2012). Cases Citing This Book View Copy Cite
53 citation events (53 in the last 25 years) across 7 distinct courts.
Strongest positive: Robert E. Jenkins v. Melinda De La Cruz (txctapp13, 2026-03-05)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (rule) Robert E. Jenkins v. Melinda De La Cruz
txctapp13 · 2026 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (holding “Reddy Partnership, ETAL” was a misnomer for “Reddy Partnership/5900 North Freeway, L.P.”).
discussed Cited as authority (rule) Calvin Gary Walker D/B/A Walker's Electric Company v. Texas Department of Licensing and Regulations Enforcement Division
Tex. App. · 2025 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012). 33 Id. at 377 ; see also Levinson Alcoser Assocs., L.P. v. El Pistolon II, Ltd., 670 S.W.3d 622 , 628 (Tex. 2023). 9 correct legal name of the actual defendant.”34 Rule 301 of the Rules of Civil Procedure provides “The judgment of the court shall conform to the pleadings,” so a judgment cannot be rendered against an unnamed party.35 If “a plaintiff fails to plead facts sufficient to demonstrate the trial court’s jurisdiction, courts generally should afford the plaintiff the opportunity to replead unless the pleadings affirmatively neg…
discussed Cited as authority (rule) Calvin Gary Walker D/B/A Walker's Electric Company v. Texas Department of Licensing and Regulations Enforcement Division
Tex. App. · 2025 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012). 33 Id. at 377 ; see also Levinson Alcoser Assocs., L.P. v. El Pistolon II, Ltd., 670 S.W.3d 622 , 628 (Tex. 2023). 9 correct legal name of the actual defendant.” 34 Rule 301 of the Rules of Civil Procedure provides “The judgment of the court shall conform to the pleadings,” so a judgment cannot be rendered against an unnamed party.35 Generally in Texas, if “a plaintiff fails to plead facts sufficient to demonstrate the trial court’s jurisdiction, courts generally should afford the plaintiff the opportunity to replead unless the pleadi…
discussed Cited as authority (rule) Simon Stephen v. YSKJS LLC (2×)
Tex. App. · 2025 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (internal quotations omitted).
discussed Cited as authority (rule) City of Houston, Texas v. Chelsea Manning, Individually and as Next Friend of T.N. Aaliyah Mitchell, and Cierra Williams
Tex. App. · 2024 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (quoting In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323, 325 (Tex. 2009) (per curiam)).
cited Cited as authority (rule) J R Argo v. USAA Casualty Insurance Company
Tex. App. · 2023 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (internal quotations omitted); Giles, 2022 WL 2251814 , at *3.
discussed Cited as authority (rule) Allison Publications, LLC v. Jane Doe
Tex. App. · 2022 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (addressing whether trial court had jurisdiction after a party was misnamed in petition); Mapco, Inc. v. Carter, 817 S.W.2d 686, 687 (Tex. 1991) (addressing whether trial court had jurisdiction to enter judgment against party not specifically named in petition); Dunlap v. Southerlin, 63 Tex. 38, 43 (1885) (addressing whether trial court had jurisdiction to enter judgment in favor of party not specifically named in petition).
discussed Cited as authority (rule) Rubio v. The Toro Company (2×) also: Cited "see"
W.D. Tex. · 2022 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (internal quotes omitted).
discussed Cited as authority (rule) Texas Pharmomedical Exports Inc. v. Michelle T. Wang, Individually and D/B/A Wang & Company CPA's and Wang G.P. Inc.
Tex. App. · 2021 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (quoting In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323, 325 (Tex. 2009) (per curiam)).
discussed Cited as authority (rule) Wittingham v. TNE Limited Partnership
Utah · 2020 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012); see also Misnomer, MERRIAM– WEBSTER.COM DICTIONARY, https://www.merriam- webster.com/dictionary (last visited July 8, 2020) (“[T]he misnaming of a person in a legal instrument.”). 29 WITTINGHAM v. TNE LIMITED PARTNERSHIP Opinion of the Court has a similar name to the correct entity.
discussed Cited as authority (rule) Pedro Diaz v. Multi Service Technology Solutions Corporation, a Missouri Corporation (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012); In re Greater Hous.
cited Cited as authority (rule) Melissa Wendt, Individually and as of the Estate of Donald Wendt, Decendent v. Milan K. Sheth, M.D.
Tex. App. · 2018 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012). 8 the suit.
discussed Cited as authority (rule) Anthony D. Eckman v. Northgate Terrace Apartments, LLC
Tex. App. · 2018 · confidence medium
Dist., 370 S.W.3d 373, 376 (Tex. 2012) (holding that amended pleading correcting misnomer of plaintiff did not deprive court of subject-matter jurisdiction); In re 4 Greater Hous.
examined Cited as authority (rule) the University of Texas Southwestern Medical Center v. Charles Wayne Taylor and Rosemary Taylor (3×)
Tex. App. · 2018 · confidence medium
Reddy Partnership/5900 North Freeway LP v. Harris County Appraisal District, 370 S.W. 3d 373 , 55 Tex. Sup. Ct. J. 1099, 1101 (Tex. 2012).
cited Cited as authority (rule) Oliver Lane Chambers, Donna Kay Chambers-Jones, Rhonda Thompson, Clinton L. Chambers and Wife, Brandi N. Chambers v. San Augustine County Appraisal District
Tex. App. · 2017 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (per curiam).
discussed Cited as authority (rule) Rogers v. RREF II CB Acquisitions, LLC (2×)
Tex. App. · 2016 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (per curiam); In re Greater Hous.
cited Cited as authority (rule) in the Estate of Ramiro Aguilar, Jr.
Tex. App. · 2015 · confidence medium
Dist., 370 S.W.3d 373, 376 (Tex.2012).
discussed Cited as authority (rule) Town & Country Suites, L.C. v. Harris Country Appraisal District (2×)
Tex. App. · 2015 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376-77 (Tex.2012).
discussed Cited as authority (rule) Sage M. Barrera and Jenesey Barrera v. Dean T. Cherer (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (quoting Sheldon v. Emergency Med.
discussed Cited as authority (rule) Dalton v. State Farm Lloyd's, Inc.
S.D. Tex. · 2014 · confidence medium
In Reddy Partnership/5900 North Freeway LP v. Harris County Appraisal, 370 S.W.3d 373, 376-77 (Tex.2012), the Texas Supreme Court wrote, Misnomer arises when a party misnames itself or another party, but the correct parties are involved.” In re Greater Hous.
cited Cited as authority (rule) Vada De Jongh v. State Farm Lloyds
5th Cir. · 2014 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376 (Tex.2012).
cited Cited as authority (rule) Victor P and Bonnie K. Ybarra v. Chambers County Appraisal District
Tex. App. · 2012 · confidence medium
Appraisal Dist., 370 S.W.3d 373, 376-77 (Tex.2012); Harris Cnty.
cited Cited "see" Oliver Lane Chambers, Donna Kay Chambers-Jones, Rhonda Thompson, Clinton L. Chambers and Wife, Brandi N. Chambers v. San Augustine County Appraisal District
Tex. App. · 2017 · signal: see · confidence high
See Reddy P’ship/5900 N. Freeway L.P. v. Harris Cty, Appraisal Dist., 370 S.W.3d 373, 376 (Tex. 2012) (per curiam).
discussed Cited "see, e.g." Alma Richardson v. Texas Workforce Commission and Fort Bend County, Texas
Tex. App. · 2014 · signal: see, e.g. · confidence low
See In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323, 325 (Tex. 2009) (A misnomer occurs when a “party misnames itself or another party, but the correct parties are involved” and a misidentification occurs when “two separate legal entities exist and a plaintiff mistakenly sues an entity with a name similar to that of the correct entity.”); see, e.g., Reddy P’ship/5900 N. Freeway L.P. v. Harris Co. Appraisal Dist., 370 S.W.3d 373 , 376– 77 (Tex. 2012) (holding that trial court had subject matter jurisdiction over suit despite plaintiff’s amendment to original pe…
Retrieving the full opinion text from the archive…
REDDY PARTNERSHIP/5900 NORTH FREEWAY LP and Reddy Partnership, ETAL.
v.
HARRIS COUNTY APPRAISAL DISTRICT
No. 11-0400.
Texas Supreme Court.
Jun 29, 2012.
370 S.W.3d 373
Hugh L. McKenney, John C. Ohrt, Craig James McClelland, McKenney & Associates, P.C., Houston, TX, for Reddy Partnership/5900 North Freeway LP., G. Todd Stewart, Robert P. McConnell, Olson & Olson LLP, Christopher A. Prine, Houston, TX, for Harris County Appraisal District.
Cited by 27 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #28,540 of 633,719
Citer courts: Court of Appeals of Texas (3)
PER CURIAM.

In this ad valorem property tax case, we decide whether a plaintiffs trivial misnomer in its petition for judicial review defeats a trial court’s jurisdiction. Because we conclude that it does not, we grant the petition for review, reverse the court of appeals’ judgment, and remand the case to the trial court for further proceedings.

The property is located at 5900 North Freeway, in Houston. On June 21, 2002, Reddy Partnership, a Texas general partnership, sold it to Reddy Partnership/5900 North Freeway, L.P., a Texas limited partnership. On April 28, 2008, Harris County Appraisal District (HCAD) mailed a Notice of Appraised Value of the property to “Reddy Partnership, ETAL [sic].” A notice of protest was subsequently filed with HCAD under the same name, contesting the 2008 tax assessment. After a hearing, HCAD’s Appraisal Review Board rejected the protest. The Board’s order, addressed to “Reddy Partnership, ETAL,” was mailed to the partnership’s designated agent, O’Connor & Associates.

On September 11, 2008, “Reddy Partnership ETAL, as the property owners, [sic]” timely filed a petition for judicial review challenging the Board’s determination. Fifteen months later, after the 45-day statute of limitations to appeal the Board’s order had passed, HCAD filed a plea to the jurisdiction, contending that the trial court lacked subject matter jurisdiction over the petition because the plaintiff, “Reddy Partnership,” was not the owner of the property on January 1, 2008, and, therefore, lacked standing to seek[*375] judicial review of the Board’s order.[1] In support of its plea, HCAD attached a copy of the warranty deed in which Reddy Partnership sold the property to Reddy Partnership/5900 North Freeway, L.P.

In response, Reddy Partnership, ETAL amended the petition to name Reddy Partnership/5900 North Freeway, L.P. as a plaintiff in the suit, and moved to substitute Reddy Partnership/5900 North Freeway, L.P. as Reddy Partnership, ETAL’s true name.[2] Reddy Partnership, ETAL also responded to HCAD’s plea, arguing that the trial court had jurisdiction because “Reddy Partnership, ETAL” is the common name for Reddy Partnership/5900 North Freeway, L.P., as reflected in HCAD’s own records. Reddy Partnership/5900 North Freeway, L.P. argued that it acted under its common name, Red-dy Partnership, ETAL, when completing the administrative protest process and timely filing the petition for review. Consequently, it had standing to seek judicial review of the Board’s order. It argued that it cured any procedural defect by amending the petition to correct or change its name pursuant to Tax Code section 42.21(e)(1). See Tex. Tax Code § 42.21(e)(1) (providing that a timely filed petition “may be subsequently amended to ... correct or change the name of a party”). And it argued that Rule of Civil Procedure 28 allowed amendment to substitute Reddy Partnership/5900 North Freeway, L.P. as the property owner’s true name. See Tex.R. Civ. P. 28. (providing that any partnership “doing business under an assumed name may sue or be sued in its partnership, assumed or common name”).

The trial court granted HCAD’s jurisdictional plea and dismissed the suit. Reddy Partnership, ETAL and Reddy Partnership/5900 North Freeway, L.P. appealed. The court of appeals affirmed, holding that because the suit had not been filed by the property owner, the trial court lacked subject matter jurisdiction. 870 S.W.3d 401, 403. The court of appeals assumed that “Reddy Partnership, ETAL” referred to “Reddy Partnership,” the general partnership that previously owned the property. Id. at 403. Because “Reddy Partnership” did not own the property as of January 1, 2008, and did not have rights to protest the Board’s order as either a lessee or an agent, it lacked standing to contest the Board’s order. Id. at 405. Nor did Reddy Partnership/5900 North Freeway, L.P. have standing because it did not itself protest the appraisal and the amended petition naming it as a plaintiff was not filed until after the deadline to appeal the order had passed. Id. at 405.

The court of appeals rejected petitioner’s reliance on Tax Code section 42.21(e)(1). According to the court, section 42.21(e) presupposes that the petition was brought by a proper party with standing to seek judicial review — which “Reddy[*376] Partnership” was not. Id. at 405. The court of appeals also held that Rule 28 would not permit substitution in this case because the named entity must show it is in fact doing business under that common name and “Reddy Partnership” failed to make such a showing. Id. at 406. The court of appeals concluded that because no proper party timely appealed to the trial court before the statute of limitations passed, the trial court did not acquire subject matter jurisdiction, and the Board’s order became final.

Reddy Partnership, ETAL and Reddy Partnership/5900 North Freeway, L.P. petitioned this Court for review, arguing that the trial court erred in granting HCAD’s plea because the administrative protest and petition for judicial review were filed by the property owner under its common name. The misnomer, petitioners argue, was corrected by Reddy Partnership, ETAL’s amended petition naming Reddy Partnership/5900 North Freeway, L.P. as a plaintiff, which was permitted by section 42.21(e) and Rule 28.

As a general rule, a property owner is the only party, other than the chief appraiser, with standing to protest tax liability either at the review board or court. See Tex. Tax Code §§ 42.01, 42.02; Gregg Cnty. Appraisal Dist. v. Laidlaw Waste Sys., Inc., 907 S.W.2d 12, 16 (Tex.App.Tyler 1995, writ denied). But a property owner may designate a lessee or agent to act on its behalf for any purpose under the Tax Code, including filing a tax protest. Tex. Tax Code § 1.111(a) (authorizing a designated lessee or agent to act for a property owner); id. § 41.413(b) (authorizing a lessee to protest- for the property owner in certain circumstances). Thus, to qualify as a party with standing to seek judicial review of an appraisal review board’s tax determination, a party must either be the chief appraiser, an owner of the property, a designated agent of the owner, or an authorized lessee under Tax Code section 41.413.

In addition, section 42.21(a) of the Tax Code requires “[a] party who appeals” to timely file a petition for judicial review with the trial court. Tex. Tax Code § 42.21(a). If a party fails to timely file a petition with the district court, any appeal is barred and a board’s determination becomes final. See id. A petition that is timely filed under section 42.21(a) “may be subsequently amended to ... correct or change the name of a party.” Id. § 42.21(e)(1).

The court of appeals incorrectly assumed that “Reddy Partnership” protested the Board’s order and filed the original petition for review, even though the record makes clear that the administrative protest and petition were filed under the misnomer “Reddy Partnership, ETAL.” Misnomer arises “when a party misnames itself or another party, but the correct parties are involved.” In re Greater Hous. Orthopaedic Specialists, Inc., 295 S.W.3d 323, 325 (Tex.2009) (per curiam). When the correct party sues or is sued under the incorrect name, “the court acquires jurisdiction after service with the misnomer if it is clear that no one was misled or placed at a disadvantage by the error.” Sheldon v. Emergency Med. Consultants, I, P.A., 43 S.W.3d 701, 702 (Tex.App.-Fort Worth 2001, no pet.).

This is in contrast to a misidenti-fication, which “arises when two separate legal entities actually exist and a plaintiff mistakenly sues the entity with a name similar to that of the correct entity.” Chilkewitz v. Hyson, 22 S.W.3d 825, 828 (Tex. 1999). A misidentification’s consequences are generally harsh, but the same is not true for misnomers. See In re Greater Hous. Orthopaedic Specialists, Inc., 295[*377] S.W.3d 323, 325 (Tex.2009) (per curiam). Courts generally allow parties to correct a misnomer so long as it is not misleading. Id. “In a case like this, in which the plaintiff misnames itself, the rationale for flexibility in the typical misnomer case — in which a plaintiff misnames the defendant — applies with even greater force.” Id. at 326.

Here, HCAD did not question ownership at the administrative level or during the first year and a half of litigation. Nor was HCAD confused or prejudiced. On the contrary, HCAD records referred to the owner of the subject property as “Reddy Partnership, ETAL.” HCAD addressed the notice of the appraised value of the property, the notice of protest, and the Board’s order determining the protest to “Reddy Partnership, ETAL” — not Reddy Partnership/5900 North Freeway, L.P. Even assuming the owner’s name caused confusion, Reddy Partnership, ETAL amended the petition and corrected the name. See Tex. Tax Code § 42.21(e)(1). This amendment relates back to the filing of the original petition. See In re Greater Hous. Orthopaedic Specialists, 295 S.W.3d at 326 (noting that a petition involving a misnomer “is nonetheless effective, for limitations purposes, when filed, with any subsequent amendment relating back to the date of the original filing”).

The property owner exhausted its administrative remedies and timely filed a petition for judicial review. The trial court acquired jurisdiction to entertain the appeal. We need not reach the petitioners’ remaining issues, including whether newly enacted Tax Code section 42.016 provides for jurisdiction in this case. We grant the petition for review, and without hearing oral argument, reverse the court of appeals’ judgment and remand the case to the trial court for further proceedings. Tex. R. App. P. 59.1, 60.2(d).

1

The Texas Legislature has since amended Tax Code section 42.21(a) to extend the time to file a petition for review from forty-five days to sixty days from the board’s order, effective June 19, 2009. See Acts of May 26, 2009, 81st Leg., R.S., ch. 905, § 1, 2009 Tex. Gen. Laws 2435 (current version at Tex. Tax Code § 42.21(a)).

2

Apparently, when Reddy Partnership, ETAL amended the petition, it added “Reddy Partnership/5900 North Freeway, L.P.” as a plaintiff, rather than substituted Reddy Partnership/5900 North Freeway, L.P., for Reddy Partnership, ETAL, contrary to what it purported to do in its Rule 28 motion. As a result, the style of the case lists both Reddy Partnership, ETAL and Reddy Partnership/5900 North Freeway, L.P. as plaintiffs, although Reddy Partnership, ETAL’s Rule 28 motion and response to HCAD’s plea suggest that it intended to substitute the plaintiff's name for another, not to add an additional plaintiff.