(Download) "San Jacinto River Authority v. John Thomas Duke" by Supreme Court of Texas No. C-9147 ~ eBook PDF Kindle ePub Free
eBook details
- Title: San Jacinto River Authority v. John Thomas Duke
- Author : Supreme Court of Texas No. C-9147
- Release Date : January 10, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is a summary judgment case. Duke filed suit to recover damages for an alleged wrongful termination by the San Jacinto River Authority (SJRA). Duke alleged that he was wrongfully fired by SJRA and that his case falls within the exception to the employment-at-will doctrine set forth in Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985). The trial court granted SJRA's motion for summary judgment on the grounds that Duke did not satisfy the elements of this exception. The court of appeals reversed, stating that the proper method for attacking sufficiency of the pleadings is by special exception and that this should not be circumvented by a motion for summary judgment based on failure to state a cause of action. 778 S.W.2d 123. The court stated that, based on Duke's second amended petition, it was clear that he ""was seeking damages other than for the alleged wrongful termination."" Id. at 124. However, the court of appeals did not define what these other damages were or cite any authority for their existence. The court of appeals went on to state that, if the trial court granted leave for Duke to file his second amended petition (the record does not reflect whether leave was granted), the summary judgment must be reversed because it did not dispose of all Duke's causes of action. Chessher v. Southwestern Bell Tel. Co., 658 S.W.2d 563 (Tex. 1983). If, on the other hand, the trial court did not grant leave, the court of appeals determined the summary judgment must still be reversed since Duke was deprived of the opportunity to amend his pleadings to state a cause of action.