Texas Justices Say Filing Error Doesn't Doom Suit

By Michelle Casady (May 13, 2022, 4:14 PM EDT) -- The Texas Supreme Court on Friday overruled its own precedent in a 1985 case in order to reverse a ruling dismissing a wrongful death lawsuit, holding that a filing error did not deprive a lower court of authority to hear the dispute.

The ruling gives Edward Mitschke, a father whose son died in an ATV crash, another chance to seek a new trial in his lawsuit against Marida Borromeo and Blackjack Ranch LLE LLC, and overrules the state high court's ruling in Philbrook v. Berry. Mitschke argued the Seventh Court of Appeals in Amarillo disregarded the merits of his wrongful death...

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