law-misnomer | misidentification | capacity sued in | individual vs. representative capacity | error of parties | mistake
as to party |
substitution-of-party | TRCP 28 substitution of true name for common or assumed name | misnomer |
misidentification of defendant, party | mistake as to parties | wrong capacity |

MISNOMER

Fogal v. Stature Construction (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala)
(
confirmation of arbitration award, no waiver, challenges to arb award overruled, award confirmed, open courts,
motion to modify arbitration award under FAA), misnomer, incorrectly named party)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala
Before Justices Taft, Keyes and Alcala
01-07-00456-CV Mary Fogal and Robert Fogal v. Stature Construction, Inc., Jorge Casimiro, Tom Thibodeau and
Bernie Kane
Appeal from 80th District Court of Harris County
Trial Court
Judge: Hon. Lynn Bradshaw-Hull  

Sebritsky v. Sembritzky (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Taft)
breach of a contractual alimony agreement, misnomer, default, liquidated damages)
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by
Justice Taft  
Before Justices Taft, Keyes and Alcala
01-07-00251-CV Verley Lee Sembritsky, Jr. v. Michel Castrinos Sembritzky
Appeal from 312th District Court of Harris County
Trial Court Judge: Hon. James Squier   

MISNOMER OF DOCUMENT (WRONG TITLE)

the parties have stipulated that this document is the motion for summary judgment at issue and is simply
improperly titled.  We therefore treat the document as a summary-judgment motion just as the parties have done.   
See Tex. R. Civ. P. 71 (“When a party has mistakenly designated any plea or pleading, the court, if justice so
requires, shall treat the plea or pleading as if it had been properly designated.").



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