capacity to bring claim (Texas) · Go Syfert
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capacity to bring claim in Texas

5 Texas opinions name it 2 courts 2006–2025 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Austin Nursing Center, Inc. v. Lovatogreen
tex · 2005 · cited in 4 Texas opinions naming this issue, 2015–2025
2 sentences

2025And third, that while the deceased plaintiff’s estate itself “cannot pursue such claims, it may do so through a representative.” Id.; see also Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 850 (Tex. 2005) (“Certain individuals are afforded the capacity to bring a claim on an estate’s behalf.

2020See id. (“Certain individuals are 23 afforded the capacity to bring a claim on an estate’s behalf.

34

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Armes v. Thompson green
texapp · 2006
1 sentence

2020In general, only the estate’s personal representative has the capacity to bring a survival claim.”); Armes, 222 S.W.3d at 83–84 (holding that deceased person’s petition cannot invoke trial court’s jurisdiction because decedent does not have actual or legal existence and thus does not have standing to bring suit).

12020–2020
Price v. Estate of Anderson green
tex · 1975
1 sentence

2006Id.

12006–2006

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