Opinion

Perry v. Cohen

  • 285 S.W.3d 137
  • 2009 Tex. App. LEXIS 2123
  • 2009 WL 790204
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Mar 26, 2009
Status
Published
Author
Pemberton
On the bench
Jones, Patterson, Pemberton
Cited by
25 cases

The opinion

BOB PEMBERTON, Justice,

concurring.

I agree that the district court did not abuse its discretion in granting the defendants’ special exceptions to the shareholders’ second amended petition and ordering the shareholders to replead specifically to identify any alleged harm, damage, or injury distinct from that incurred by RAMP. I also agree that the district court did not abuse its discretion in dismissing the shareholders’ claims with prejudice for failure to comply with the district court’s order. While the shareholders did add allegations in their third amended petition that some of the plaintiffs purchased (and did not merely hold) stock in reliance on misrepresentations by Cohen and Brown, they ultimately failed to allege that these shareholders incurred any harm, injury, or *149 damages from these purchases that were distinct from those incurred by RAMP.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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