Our Dallas Office

Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

Our Santa Fe Office

505 Cerrillos Road, Suite A209
Santa Fe, NM 87501

505.986.0600 phone
505.986.0632 fax

Our Houston Address

2368A Rice Blvd. #447
Houston, Texas 77005

Murphy v. Arcos, 615 S.W.3d 676 (Tex. App.—Dallas 2020, pet. denied)

Murphy v. Arcos, 615 S.W.3d 676 (Tex. App.—Dallas 2020, pet. denied)

On motion for rehearing en banc, successfully convinced panel to reverse itself and award Plaintiffs the total damages ($1,070,050) awarded by jury, rather than a drastically reduced amount ($200,000) based on the amount originally pled.  The court of appeals rejected its original position that the Plaintiffs’ attempt to amend its petition to be consistent with the jury’s verdict was an impermissible attempt to amend the pleadings “post-judgment.”  A matter of first impression, the court of appeals adopted “the more reasonable view” that, because Plaintiffs sought leave to amend their petition before the Amended Final Judgment was signed, the amended pleading was timely.

Kirk L. Pittard, PartnerTammy Holt, Of Counsel