# Perry v. Cohen

> Texas Court of Appeals, 3rd District (Austin) · March 26, 2009 · 285 S.W.3d 137

URL: https://www.frixlaw.com/law-library/cases/9690482

## Case

- **Full name:** Emory B. PERRY, James R. Palmersheim, Thomas Palmersheim, John Kee, David J. Herbert, Paul Bowman, John Chambers, Bradley P. Nordgren, Craig S. Nordgren, Rex Madion, William J. Drasky, Samantha Paulson, Kenneth Paulson, and Fred Ananian, Appellants, v. Darryl R. COHEN, Andrew M. Brown; Jenkens & Gilchrist Parker Chapin, L.L.P.; And Jenkens & Gilchrist, P.C., Appellees
- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** March 26, 2009
- **Citations:** 285 S.W.3d 137; 2009 Tex. App. LEXIS 2123; 2009 WL 790204
- **Precedential status:** Published
- **Opinion:** Concurrence by Pemberton
- **Judges:** Jones, Patterson, Pemberton
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9690482

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9690482. Public record. Not legal advice.