Perry v. Cohen, 272 S.W.3d 585 (Tex. 2008). · Go Syfert
Perry v. Cohen, 272 S.W.3d 585 (Tex. 2008). Cases Citing This Book View Copy Cite
481 citation events (481 in the last 25 years) across 9 distinct courts.
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discussed Cited as authority (verbatim quote) Austin Paris v. Alexandra Paris
txctapp2 · 2026 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
examined Cited as authority (verbatim quote) Larry Dean White v. Linda Jean Willis
txctapp1 · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver. . . . simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) In the Estate of J. Hugh Wheatfall
Tex. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Rancho De Los Arboles LLC and Ellen Eakin v. Town of Cross Roads, TX
txctapp2 · 2026 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Jason Anderson v. G & S Auto of Fort Worth VI, LLC D/B/A RV Depot of Cleburne
Tex. App. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Clayton Woods Homeowners Association, Inc. v. Bertram Garner, Charles MacHauer and Tyrone Morgan
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally
discussed Cited as authority (verbatim quote) Andrea Cano v. Tony Hodges and Carter BloodCare
Tex. App. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC
Tex. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Richard Robins v. Commission for Lawyer Discipline
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Mark Alan Swanson v. Robert Danny Clack, II
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Denise Gray, Rowdy Wickline, David Agrue, Jeremy Purgason, Ashley Purgason, Barbara Coburn, Robert Bell, Kenneth Hooper, and Gavin Frazier v. River Run Property Owners' Association, Inc.
Tex. App. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Denise Pauline Gray v. Larry Crosby
Tex. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) In the Matter of A.K. v. the State of Texas
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Darin G. Cyphers, Individually and as Duly Authorized Agent of Presidential One Enterprises, LLC v. Dennis D. Cunningham, Individually and for and on Behalf of Margaret M. Cunningham
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) K.R. v. E.M.O.
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) James D. Turner v. Stacy L. Turner (2×) also: Cited "see"
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Zachary Sadeghian Agent and Trustee Of, KAMY Real Property Trust, KAMY Trust, Reram Inc., Kozamesa Inc., Kamy Investments LLC., Amy J. Sadeghian of KAMY Real Property Trust, ZFN Realty LLC v. Denton Central Appraisal District
Tex. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Vecentie Morales v. A.D.W.
Tex. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) In the Interest of D.M. and D.M v. the State of Texas
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
we liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants.
discussed Cited as authority (verbatim quote) Ricardo Cesar Luna and RMS MacHine Shop, LLC v. Michael Robinson
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
disposing of appeals for harmless procedural defects is disfavored.
discussed Cited as authority (verbatim quote) John Stancu v. Governor Greg Abbott and the State of Texas
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible
discussed Cited as authority (verbatim quote) Valerie Hall, Individually and A/N/F of J.K., a Minor and Christopher Hall v. City of Jersey Village
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Vincin Campise v. Hector Davila, Victor Mireles, Alonzo Robles, & Roberto Rico
Tex. App. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Sixto P. Mejia v. Digna Bernal (2×) also: Cited "see, e.g."
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) in the Interest of H.D.D.B, a Child (2×) also: Cited "see, e.g."
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) in the Interest of S.P. and J.P.
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Scott Truitt v. Janet Hatfield, as an Individual, Janet Hatfield, as Trustee of the Trust of Deloris Hatfield, Janet Hatfield, as the of the Estate of Deloris Hatfield
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Carlos Alvarez and Judith Alvarez v. Diana O. Agyemang, Janet Acheampong, and Yaw Appiah-Kubi
Tex. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) U.S. Ply, Inc. v. ARCI, Ltd. (2×) also: Cited as authority (rule)
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) U.S. Ply, Inc. v. ARCI, Ltd. (2×) also: Cited as authority (rule)
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Rose Turner and Stephanie Moore v. Linda Williams, Andrew Ross, and Steven A. Sinkin
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) in the Interest of L.K. and O.K., Children
Tex. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible.
examined Cited as authority (verbatim quote) Nationstar Mortgage, LLC v. Ken Landers and Clarlinda Landers (2×) also: Cited "see"
Tex. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver...simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Feysal Ghaffari v. Empire Petroleum Partners, LLC
Tex. App. · 2018 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) St. Mina Auto Sales, Inc. and Victor S. Elgohary v. Najwa Al-Muasher, D/B/A American Auto Sales, D/B/A American Auto Sales 1.1 (2×) also: Cited "see"
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate courts should reach the merits of an appeal whenever reasonably possible.
discussed Cited as authority (verbatim quote) Signora Lynch v. Karen George-Baunchand and John C. Osborne
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Statewide Hydraulics, Inc. and Phillip Berrospe v. EZ Management GP, LLC D/B/A Check Cashing & Blue Printing
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Pinnacle Premier Properties, Inc. and Pinnacle Realty Advisors, Inc v. Ghislain Breton, Catherine Denicourt and David Andreis
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
we liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants.
discussed Cited as authority (verbatim quote) James Scott Trimm and Wife Ingrid Trimm v. U.S. Bank, National Association, as Trustee of J.P. Morgan Mortgage Acquisition Corp. 2005-Opt1
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Lyda Swinerton Builders, Inc. v. Cathay Bank (2×) also: Cited "see"
Tex. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Jerry C. Hamilton v. XTO Energy, Inc.
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (verbatim quote) Jerry C. Hamilton v. XTO Energy, Inc.
Tex. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver.
discussed Cited as authority (quoted) Joyce L. Jones v. Mansfield Independent School District
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
we liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants.
discussed Cited as authority (quoted) Hector Deleon v. the State of Texas
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence low
we liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants.
discussed Cited as authority (rule) Herlinda S. Garza v. Claudia R. Saenz Hourigan and Esther A. Saenz Salmon as Former Trustee for Osbaldo A. Saenz Sr. and Maria Estela G. Saenz Trust, Carmela Criselda Saenz Perez and Cecilia Lisby Saenz Belmontez as Trustees for Osbaldo A. Saenz Sr. and Maria Estela G. Trust
txctapp4 · 2026 · confidence medium
Additionally, the supreme court “ha[s] admonished appellate courts to ‘reach the merits of an appeal whenever reasonably possible’ and cautioned that ‘disposing of appeals for harmless 2 Homero A. Saenz did not file a notice of appeal from the final judgment. -4- 04-24-00739-CV procedural defects is disfavored.’” Horton v. Stovall, 591 S.W.3d 567 , 570 (Tex. 2019) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008)).
discussed Cited as authority (rule) In the Interest of D.A v. and N.B v. Children v. the State of Texas
txctapp4 · 2026 · confidence medium
In addition, the Texas Supreme Court “ha[s] admonished appellate courts to ‘reach the merits of an appeal whenever reasonably possible’ and cautioned that ‘disposing of appeals for harmless procedural defects is disfavored.’” Horton v. Stovall, 591 S.W.3d 567 , 570 (Tex. 2019) (per curiam) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008)).
discussed Cited as authority (rule) Oscar Rodriguez and Margarita Rodriguez v. Investment Retrievers, Inc.
txctapp4 · 2026 · confidence medium
In addition, the Texas Supreme Court “ha[s] admonished appellate courts to ‘reach the merits of an appeal whenever reasonably possible’ and cautioned that ‘disposing of appeals for harmless procedural defects is disfavored.’” Horton v. Stovall, 591 S.W.3d 567 , 570 (Tex. 2019) (per curiam) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008)).
discussed Cited as authority (rule) Lance J. Meyer and Kerry L. Meyer v. Castroville State Bank
txctapp4 · 2026 · confidence medium
In addition, the Texas Supreme Court “ha[s] admonished appellate courts to ‘reach the merits of an appeal whenever reasonably possible’ and cautioned that ‘disposing of appeals for harmless procedural defects is disfavored.’” Horton v. Stovall, 591 S.W.3d 567 , 570 (Tex. 2019) (per curiam) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008)).
cited Cited as authority (rule) In the Interest of B.C., a Child v. the State of Texas
txctapp2 · 2026 · confidence medium
However, while his briefing is inadequate, we attempt to “reach the merits of an appeal whenever reasonably possible.” Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008).
discussed Cited as authority (rule) In the Interest of I.N.A.M., a Child v. the State of Texas
txctapp8 · 2026 · confidence medium
Mother appears as a self-represented party; thus, we are “mindful of our duty to construe [her] [brief] ‘reasonably, yet liberally, so that the right to appellate review is not lost by waiver’ and to ‘reach the merits of [her] appeal whenever reasonably possible.’” Conroy v. Wilkerson, 626 S.W.3d 24 , 6 Father did not file a brief in response. 6 30 (Tex. App.—El Paso 2021, no pet.) (quoting Perry v. Cohen, 272 S.W.3d 585, 587 (Tex. 2008) (per curiam)).
Retrieving the full opinion text from the archive…
Emory B. PERRY, Et Al., Petitioners,
v.
Darryl R. COHEN, Et Al., Respondents
07-0301.
Texas Supreme Court.
Nov 14, 2008.
272 S.W.3d 585
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. Ca-baniss, 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 & Kil-gore, L.L.P., Austin TX, for Respondents.
Per Curiam.
Cited by 324 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #47,287 of 633,719
Citer courts: Court of Appeals of Texas (2)
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 exceptions order in the body of their appellate brief, even though they did not separately and specifically challenge the order in their notice of appeal or in the issues of their appellate brief. We reverse and remand to the court of appeals.

Emory Perry and other shareholders (collectively, “shareholders”) of RAMP Corporation filed suit against Darryl R. Cohen, Andrew M. Brown, and the law firm of Jenkens & Gilchrist (collectively, “Cohen”) after RAMP filed for bankruptcy. The shareholders alleged that before RAMP declared bankruptcy, Cohen induced the shareholders to hold RAMP stock they owned or to purchase additional stock by misrepresenting the nature of RAMP’s finances. The shareholders asserted claims for negligence, common law fraud, statutory fraud, and conspiracy. Cohen specially excepted to the shareholders’ pleadings. The shareholders responded by filing a First Amended Petition, and later, a Second Amended Petition. The shareholders added claims for violations of the Texas Securities Act in the Second Amended Petition.

Cohen then reasserted the special exceptions previously filed and also objected to the shareholders’ claims on the basis that the shareholders lacked standing to bring derivative claims belonging to RAMP. The trial court granted Cohen’s special exceptions and entered an order directing the shareholders to replead the allegations supporting each shareholder’s cause of action against each defendant, identify the maximum amount of damages each shareholder suffered, and identify any alleged harm separate from that allegedly suffered by RAMP. The order stated that failure to replead appropriately would result in dismissal of all the shareholders’ claims.

The shareholders filed a Third Amended Petition. Cohen moved to dismiss the suit because the amended pleadings failed to comply with the trial court’s prior order sustaining the special exceptions. Following a hearing, the trial court entered an order dismissing all the shareholders’ claims with prejudice for (1) failing to specify the allegations supporting each cause of action by each plaintiff against each defendant, and (2) failing to specifically identify any alleged injury to the shareholders that was distinct from injury to RAMP.

The court of appeals affirmed. 272 S.W.3d 661, 2007 WL 28157. The court of appeals held, in part, that the shareholders waived error as to the merits of the order granting special exceptions by failing to properly challenge the order on appeal. Id. at 665. The shareholders contend that the court of appeals erroneously refused to address the merits of their claims. [1]

[*587] The shareholders are entitled to reversal of the trial court order dismissing their causes of action for failing to comply with the order granting special exceptions if the order granting special exceptions was improper. See Tex.R.App. P. 44.1(a)(1). But to obtain reversal, they must have preserved error in the trial court, timely appealed from the order of dismissal, and then asserted the issues on appeal. See Tex.R.App. P. 25.1(d), 38.1, 38.1(f). Cohen does not contend that the shareholders failed to preserve error in the trial court or to timely appeal and identify the order of dismissal. But Cohen argues that the court of appeals properly concluded the shareholders waived any appellate challenge to the special exceptions order.

While a challenge to the merits of an order granting special exceptions may be waived by a failure to challenge the order on appeal, we disagree that in this instance the shareholders waived error. The first issue in the shareholders’ court of appeals brief urged that the trial court erroneously dismissed them causes of action. The issue did not specify that the shareholders were challenging the trial court’s interlocutory order granting special exceptions, but the arguments under the issue did. We need not detail the shareholders’ arguments as to the merits of the order granting special exceptions because the defendants acknowledged the arguments in their court of appeals briefs. For example, Cohen stated in his brief:

Here, in them notice of appeal, Plaintiffs appealed only the order of dismissal, not the order sustaining special exceptions ....
[[Image here]]
[W]hile failing to actually appeal the order sustaining special exceptions, Plaintiffs devote virtually all of their appellate brief to a challenge of the basis of that order — the trial court’s determination that Plaintiffs’ holding claims fail to state a cause of action.

And Jenkens & Gilchrist, although arguing that the shareholders waived any complaint regarding the dismissal order by failing to challenge its basis, likewise referenced the shareholders’ argument as to the merits of the special exceptions order:

The Plaintiffs spend the bulk of their brief complaining of the trial court’s determinations that them pleadings failed to allege recognized causes of action. Because these sections of the Plaintiffs’ brief reiterate arguments the Plaintiffs made to the trial court when the Plaintiffs opposed Defendants’ special exceptions, these sections apparently challenge the trial court’s decision that the Plaintiffs had failed to allege recognized causes of action.

We initially note that the shareholders were not required to state in their notice of appeal that they were challenging the interlocutory order granting special exceptions. They were required only to state the date of the judgment or order appealed from — in this instance the order dismissing their suit. Tex.R.App. P. 25.1(d)(2). Next, we note that disposing of appeals for harmless procedural defects is disfavored. Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex.1997). That policy is reflected in Texas Rule of Appellate Procedure 38.1(f) which provides that the statement of an issue will be treated as covering every subsidiary question that is fairly included. Appellate briefs are to be construed reasonably, yet liberally, so that the right to appellate review is not lost by waiver. See El Paso Natural Gas v. Minco Oil & Gas, Inc., 8 S.W.3d 309, 316 (Tex.1999). Simply stated, appellate courts should reach the merits of an appeal whenever reasonably possible. See Verburgt, 959 S.W.2d at 616.

The court of appeals relied on Cole v. Hall, 864 S.W.2d 563 (Tex.App.-Dallas[*588] 1993, writ dism’d w.o.j.), to conclude that the shareholders waived any challenge to the trial court’s special exceptions order. In Cole, the court held that for the merits of a trial court’s order sustaining special exceptions and dismissing a suit to be reviewed on appeal, the plaintiff must challenge both the order granting special exceptions and the order of dismissal. 864 S.W.2d at 566-67. We agree with that determination. Both the final order of dismissal and the interlocutory order granting special exceptions must be challenged in order for the merits of the order granting special exceptions to be reviewed. We disagree with how the court of appeals applied the rule in this case.

Cohen asserts that the shareholders needed to present a separate issue challenging the trial court’s special exceptions order to preserve error. Our cases as to construction of the Rules of Appellate Procedure do not support this assertion. E.g., El Paso Natural Gas, 8 S.W.3d at 316; Verburgt, 959 S.W.2d at 616. One of the shareholders’ issues in the court of appeals challenged dismissal of their suit. Their brief in support of that issue addressed the merits of the trial court’s order sustaining Cohen’s special exceptions, and “we liberally construe issues presented to obtain a just, fair, and equitable adjudication of the rights of the litigants.” El Paso Natural Gas, 8 S.W.3d at 316. The shareholders were entitled to have the court of appeals review the merits of the order granting Cohen’s special exceptions.

Without hearing oral argument, we reverse the judgment of the court of appeals and remand to that court for further proceedings consistent with this opinion. See Tex.R.App. P. 59.1.

1

. Additionally, the shareholders urge that the trial court violated public policy by dismissing their cause of action under the Texas Securities Act and erred by dismissing their causes of action with prejudice. They also contend that the court of appeals applied an incorrect standard of review. We do not reach and express no opinion as to those issues.