law-abandonment of claim | amending the pleadings | superseding pleading | amended petition
replaces prior pleading


CASE LAW

Formal amendment of the pleadings is not required in order to show abandonment.  Sosa
v. Central Power & Light Co., 901 S.W.2d 562, 567 (Tex. App.—San Antonio 1995), rev'd
on other grounds, 909 S.W.2d 893 (Tex. 1995).  In fact, a
stipulation may form the basis for
abandonment.  See id.  "A stipulation is an agreement, admission, or concession made in
a judicial proceeding by the parties or their attorneys respecting some matter incident
thereto."  Laredo Med. Group v. Jaimes, 227 S.W.3d 170, 174 (Tex. App.—San Antonio
2007, pet. denied) (citing Shepherd v. Ledford, 962 S.W.2d 28, 33 (Tex. 1998)).


CASES FROM THE TEXAS SUPREME COURT




CASES FROM TEXAS APPEALS COURTS