explaining that theories not expressly pled are not waived under notice pleading standards
How later courts described this case
- explaining that theories not expressly pled are not waived under notice pleading standards
- “If we cannot reasonably infer that the petition contains a claim, then we must conclude that the petition does not contain th[e] claim, even under [a] liberal construction.”
Written by the judges who cited it.
The opinion
Patricia O. Alyarez, Justice,
concurring and dissenting,
Because I agree with the majority’s reasoning as to the insufficiency of the evidence to support the jury’s findings on Usurpation of Corporate Opportunity, Jury Question Number One, I concur with only that section of the majority’s opinion. I do not, however, concur with the majority’s judgment. Instead, I agree with the dissent’s conclusion that liability is based on the jury’s answers regarding Competition, Jury Question Number Two. I, therefore, join the dissent on Jury Question Number Two and its assessment of available remedies to be determined by the trial .court.