Texas Supreme Court, 1999

Rampart Capital Corporation v. Abke

Rampart Capital Corporation v. Abke
Texas Supreme Court · Decided July 1, 1999 · Hecht, Owen
1 S.W.3d 107; 42 Tex. Sup. Ct. J. 1027; 1999 Tex. LEXIS 96; 1999 WL 450837 (South Western Reporter, Third Series)

Rampart Capital Corporation v. Abke

Opinion of the Court

Petition for Review Denied.

Opinion of the Court

Justice HECHT, joined by Justice OWEN,

dissenting from the denial of the petition for review.

I respectfully dissent from the Court’s denial of the petition for review. This is a suit on a promissory note against a limited partner in circumstances described in Rampart Capital Corporation v. Maguire, 974 S.W.2d 195 (Tex.App.—San Antonio 1998, pet. denied). In an unpublished opinion essentially identical to its opinion in Maguire, a divided court of appeals affirmed the trial court’s dismissal of the action for want of prosecution. As in Maguire, I would grant Rampart’s petition, reverse the judgment of the court of appeals, and remand the case for further proceedings. Rampart Capital Corp. v. Maguire, 1 S.W.3d 106 (Tex. 1999) (Hecht, J., dissenting).

Dissenting Opinion

I respectfully dissent from the Court's denial of the petition for review. This is a suit on a promissory note against a limited partner in circumstances described in Rampart Capital Corporationv. Maguire, 974 S.W.2d 195 (Tex.App.-San Antonio 1998, pet. denied). In an unpublished opinion essentially identical to its opinion in Maguire, a divided court of appeals affirmed the trial court's dismissal of the action for want of prosecution. As inMaguire, I would grant Rampart's petition, reverse the judgment of the court of appeals, and remand the case for further proceedings. Rampart Capital Corp. v. Maguire, 1 S.W.2d 106 (Tex. 1999) (Hecht, J., dissenting).

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