Texas Supreme Court, 1999

Rampart Capital Corporation v. Abke

Rampart Capital Corporation v. Abke
Texas Supreme Court · Decided July 1, 1999 · No. 98-0552 · 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

Cases that cite this one

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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 In an unpublished opinion essentially identical to its opinion in Maguire, a divided court of appeals affirmed the trial court’s dismissal of the action for want of prosecution.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).

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