law-counterclaim and general denial |
COUNTERCLAIM CASE LAW FROM HOUSTON COURTS OF APPEALS
In Re A&P Transportation Co., Inc. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(per curiam denial)
(compulsory counterclaim, not same deadline as for filing answer to original petition & citation)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Frost and Brown
14-09-00729-CV In Re A&P Transportation Co., Inc., Clayton Allen Potter, Toby Allen Potter, T.A. Potter
Management, LLC, and Superior Nationwide Logistics, Ltd.
Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel McFarland
DOES THE PLAIINTIFF HAVE TO ANSWER A COUNTER-CLAIM, AND IF SO, WHEN AND HOW?
“When a counterclaim or cross-claim is served upon a party who has made an appearance in the
action, the party so served, in the absence of a responsive pleading, shall be deemed to have
pleaded a general denial of the counterclaim or cross-claim . . . .” Tex. R. Civ. P. 92.
(but affirmative defenses must be pleaded, and some must be verified)
COUNTERCLAIM FOR ATTORNEY'S FEES MUST STATE BASIS
Nashville Texas, Inc. v. City of Burleson (Tex.App.- Houston [1st dist.] Mar. 12, 2009)(Alcala)
(untimely appeal, finality, prayer for attorney's fee not a counterclaim)
DISMISS APPEAL: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00274-CV Nashville Texas, Inc. v. City of Burleson, Texas, Rovin, Inc., Paradigms for Success, Inc.
Appeal from COUNTY COURT AT LAW of Callahan County
Trial Court Judge: Hon. William C. Bosworth Jr.
National Football League Players Inc. v. Balek's Bar-B-Q (Tex. App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia)
(bill or review, default judgment on breach of contract, BoC, counterclaim)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Nuchia
01-06-01106-CV National Football League Players Incorporated and National Football League Players
Association v. Blake's Bar-B-Q, Inc.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd