Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Greater Houston Orthopaedic Specialists, Inc.

A misnomer occurs when a party misnames itself or another party, but the correct parties are involved. Courts generally allow parties to correct a misnomer because the party intended to be sued has been served and put on notice that it is the intended defendant. In a case like this, where the plaintiff misnames itself, the rationale for flexibility in the typical misnomer case, in which the plaintiff misnames the defendant, applies with even greater force. Texas Supreme Court, No. 08-0820, 08-28-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Jody Griswold required surgery as a result of allegedly negligent medical care. Griswold and his attorney, Peter Zavaletta, entered into an agreement with Greater Houston Orthopaedic Specialists (“GHOS”), whereby GHOS would perform the surgery in exchange for payment from the anticipated proceeds of Griswold’s pending health care liability suit.

GHOS later sued Griswold and Zavaletta in Cameron County, alleging that they failed to pay GHOS approximately $35,000 for medical services rendered. GHOS subsequently nonsuited that action. The non-suit was signed by GHOS’s attorney as “attorney for plaintiff” and included the correct cause number and style, but it identified GHOS as “Orthopaedic Specialists, L.L.P.,” omitting the “Greater Houston” predicate. GHOS then sued Griswold and Zavaletta in Harris County. The parties settled, and the Harris County court signed an agreed judgment on January 7, 2008.

Meanwhile, the Cameron County court had not yet dismissed the case. On February 28, 2008, the Cameron County court issued an order notifying the parties that the case would be dismissed for want of prosecution unless they appeared and showed good cause for the matter to remain on the docket. On March 10, Griswold and Zavaletta filed a counterclaim alleging that the Cameron County suit was frivolous. On April 3, the trial court signed an order dismissing the case without prejudice, but on April 7, the court set aside that order and set the case for trial. The court of appeals denied GHOS’s request for mandamus relief. ___ S.W.3d ___. We conditionally grant the writ.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
Litigation Associate - Atlantic City, NJ

Description: Fox Rothschild has an opening in the Atlantic City, NJ office for a litigation associate to join a fast-paced, national litigat...


Apply Now ›
Coverage & Commercial Litigation Attorney Wanted for Thriving Boutique (Chicago, IL)

Our client, a litigation services boutique, is seeking to add a Coverage & Commercial Litigation Attorney to support their rapidly growi...


Apply Now ›
Associate Attorney

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements