green
Positive treatment
Issue: purpose of a special exceptionTX ↗
Issue: pleadings claimTX ↗
Issue: Weber ruleTX ↗
30.4 score
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013
2019
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Estate of Claire Essing v. the State of Texas
R. 37.3(b), 42.3(b), (c); In re T.L.R., 391 S.W.3d 669, 669 (Tex. App.—Dallas 2013, no pet.); Clinton v. Clinton, 198 S.W.3d 444, 444 (Tex. App.—El Paso 2006, no pet.).
cited
Cited as authority (rule)
In the Interest of L.D.T. and D.L.T., Children v. the State of Texas
P. 37.3(b), 42.3(b), (c); In re T.L.R., 391 S.W.3d 669, 669 (Tex. App.—Dallas 2013, no pet.).
cited
Cited as authority (rule)
In the Interest of C.E.R.M., a Child v. the State of Texas
P. 37.3(b), 42.3(b), (c); In re T.L.R., 391 S.W.3d 669, 669 (Tex. App.—Dallas 2013, no pet.).
cited
Cited as authority (rule)
Bill Carey and Chantal Carey, Individually and as Trustee for the Smith Moore Williams Historical Trust v. Mosser Law PLLC
Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.).
discussed
Cited as authority (rule)
Davenport v. Bonini
Agency, Inc., 349 S.W.3d 748, 754 (Tex. App.—Houston [14th Dist.] 2011, pet. denied) (citing City of Waco v. Kirwan, 298 S.W.3d 618, 624 (Tex. 2009)); accord HNMC, Inc. v. Chan, 637 S.W.3d 919 , 966 (Tex. App.—Houston [14th Dist.] 2021, pet. granted); Gatten v. McCarley, 391 S.W.3d 669, 676 (Tex. 12 App.—Dallas 2013, no pet.). “[M]ere knowledge of a dangerous situation imposes only a moral duty to warn or render aid, not a legal duty.” 53 TEX.
cited
Cited as authority (rule)
17714 Bannister v. TAS Environmental Services LP
P. 91; Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.).
cited
Cited as authority (rule)
in the Interest of R. N. F., a Child
Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.) (citing Baylor Univ. v. Sonnichsen, 221 S.W.3d 632, 635 (Tex. 2007)).
examined
Cited as authority (rule)
Martha Arely Lara Lemus, Jimmy Lemus and Jane Doe, a Minor Child v. Cookscreek 255, LLC, and MBP Texas, LLC, D/B/A Catalyst Multifamily
(7×)
also: Cited "see"
Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.).
discussed
Cited as authority (rule)
P.F. and Wife, J.F., as Next Friends of Their Daughter I.F. v. S.S., S.S, and S.S.
(2×)
Graff v. Beard, 858 S.W.2d 918 , 921–22 (Tex. 1993); see Hernandez v. Gonzalez-Flores, 530 S.W.3d 253, 259 (Tex. App.—Houston [14th Dist.] 2017, pet. denied) (holding that “[t]o the extent Hernandez is arguing that the ongoing activity was Gonzalez-Flores’s hosting of a party at which he permitted guests to drink and use a gun, Gonzalez-Flores had no duty to Hernandez as a social host to prevent a guest from injuring her”); Gatten v. 6 McCarley, 391 S.W.3d 669, 675 (Tex. App.—Dallas 2013, no pet.) (stating that “Appellant does not cite any authority establishing a legal duty by s…
discussed
Cited as authority (rule)
Casey Ann Weber v. Progressive County Mutual Insurance Company and Scott Howard
(2×)
also: Cited "see"
Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.).
discussed
Cited as authority (rule)
Ruth Hernandez v. Oziel Gonzalez-Flores
See Graff v. Beard, 858 S.W.2d 918, 920 (Tex. 1993) (no common-law duty for social host who merely maltes alcohol available); Gotten v. McCarley, 391 S.W.3d 669, 675 (Tex. App,—Dallas 2013, no pet.) (social hosts had no legal duty to control guest who assaulted another guest).
discussed
Cited as authority (rule)
Andres Chevez v. Jerry L. Brinkerhoff
Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.) (special exceptions); Garner v. Fidelity Bank, N.A., 244 S.W.3d 855, 859 (Tex. App.—Dallas 2008, no pet.) (objections to summary judgment evidence).
discussed
Cited as authority (rule)
Industrial Models, Inc. v. SNF, Inc. D/B/A Brand FX Body Company
P. 91; Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.) (“The purpose of a special exception is to compel clarification of pleadings when the pleadings are not sufficiently specific or fail to plead a cause of action.
cited
Cited as authority (rule)
Mark Davis v. Middle Bosque Partners, LP, and Highland Coryell Ranch, LLC
Baylor Univ. v. Sonnichsen, 221 S.W.3d 632, 635 (Tex. 2007); Gatten v. McCarley, 391 S.W.3d 669, 673 (Tex. App.—Dallas 2013, no pet.).
discussed
Cited "see"
Dr. Kelly Isbell v. Jeanne Russell, Mission Street Consulting LLC, and Kate Rogers
In our review, we take the “allegations, facts, and interferences in the pleadings as true and view them in a light most favorable to the pleader.” Cerda, 443 S.W.3d at 225 ; see Gatten v. McCarley, 391 S.W.3d 669 , 673–74 (Tex. App.—Dallas 2013, no pet.) (“We accept as true all material factual allegations and all factual statements reasonably inferred from the allegations set forth in Gatten’s pleadings.”).
discussed
Cited "see"
Dr. Kelly Isbell v. Jeanne Russell, Mission Street Consulting LLC, and Kate Rogers
“If the pleader refuses to amend, or the amended pleading fails to state a cause of action, the trial court may dismiss the case.” Id. at 677– 78; see Gatten v. McCarley, 391 S.W.3d 669 , 673–74 (Tex. App.—Dallas 2013, no pet.).
discussed
Cited "see"
Cody Trosclair v. Anthony and Karen McMillan
(2×)
also: Cited "see, e.g."
See Gatten, 391 S.W.3d at 675 (holding that social guest is generally classified as licensee); see also Mayer, 278 S.W.3d at 910 (holding that someone who enters property on business with someone other than owner is licensee).
discussed
Cited "see, e.g."
Laura Leticia Zepeda Vasquez, Individually and on Behalf of the Estate of Jose Abraham Vasquez,Jr. v. Legend Natural Gas III, LP Legend Natural Gas, LLC Lewis Energy Group, LP And Lewis Petro Properties, Inc
See, e.g., Gatten v. McCarley, 391 S.W.3d 669 , 673–77 (Tex. App.—Dallas 2013, no pet.) (dismissing negligence claim for no duty via special exception to pleadings); Kehler v. Eudaly, 17 933 S.W.2d 321, 325, 332 (Tex. App.—Fort Worth 1996, writ denied) (dismissing negligence claims for no duty via summary judgment on the pleadings).
Retrieving the full opinion text from the archive…
In the Interest of T.L.R. and A.R.R., Children
No. 05-12-01530-CV.
Court of Appeals of Texas.
Jan 29, 2013.
Richard Rafferty, pro se., Jessica W. Thorne, Dallas, for appellee.
Lang, Lewis, Miers, Wright.
Cited by 2 opinions | Published
OPINION
Opinion by
Chief Justice WRIGHT.The clerk’s record in this ease is overdue. By letter dated November 26, 2012, we notified appellant that the Dallas County District Clerk had notified the Court that the clerk’s record had been prepared but had not been filed in this Court because appellant had not paid or made arrangements to pay for the record. We directed appellant to provide the Court, within ten days, written verification that appellant had either paid for or made arrangements to pay for the record. We cautioned appellant that failure to provide the required documentation within the time specified might result in dismissal of the appeal for want of prosecution. To date, appellant has not provided the requested documentation or otherwise corresponded with the Court regarding the status of this appeal.
Accordingly, we dismiss this appeal. See Tex.R.App. P. 37.3(b); 42.3(b), (c)