[DOWNLOAD] "Sixth Rma Partners" by Texas Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Sixth Rma Partners
- Author : Texas Supreme Court
- Release Date : January 22, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Texas Rule of Civil Procedure 28 permits a partnership doing business under an assumed name to file suit in that name. Tex. R. Civ. P. 28. However, before judgment, the partnership's correct legal name must be substituted for its assumed name. The first issue in this case is whether there is legally sufficient evidence that Sixth RMA Partners, L.P. used "RMA Partners, L.P." as an assumed name so that the original petition filed under the name RMA Partners, L.P. was effective to commence suit on behalf of Sixth RMA Partners, L.P. The second issue is whether Sixth RMA Partners, L.P.'s second supplemental pleadings were effective to substitute its correct legal name. The final issue is whether Sixth RMA Partners, L.P. is prohibited from prosecuting its claims in Texas courts because it has never filed an assumed name certificate. After a bench trial, the trial court rendered judgment in favor of Sixth RMA Partners, L.P. The court of appeals, holding that Sixth RMA Partners, L.P. "was never made a plaintiff," reversed the trial court's judgment and rendered judgment that Sixth RMA Partners, L.P. take nothing. ___ S.W.3d ___, ___. We conclude that: 1) some evidence supports the trial court's implied finding that Sixth RMA Partners, L.P. used the name RMA Partners, L.P. as an assumed name; 2) Sixth RMA Partners, L.P.'s second supplemental pleadings were effective to substitute its correct legal name; and 3) any challenge that Sixth RMA Partners, L.P.'s failure to file the required assumed name certificate precludes its suit was waived because it was not properly raised in the trial court. Accordingly, we reverse the court of appeals' judgment and remand the case to that court for further proceedings consistent with this opinion.