LaBove v. City of Groves

Texas Supreme Court

LaBove v. City of Groves

608 S.W.2d 162

CourtTexas Supreme Court

DecidedOctober 29, 1980

DocketNo. B-9737

StatusPublished

Cited by6 cases

This text of 608 S.W.2d 162 (LaBove v. City of Groves) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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LaBove v. City of Groves, 608 S.W.2d 162 (Tex. 1980).

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Opinion

PER CURIAM.

This cause was filed by John LaBove and wife to recover damages from the City of Groves as a result of their automobile striking a manhole cover in a city street. The trial court granted City’s motion for summary judgment because of the failure of petitioners to give the notice required by the City Ordinance. The court of civil appeals affirmed. 602 S.W.2d 395.

In Roberts v. Haltom City, 543 S.W.2d 75 (Tex.1976), we held that a city may be estopped by the conduct of its officials from asserting failure of compliance with the notice of claim requirement of the city ordinance. That issue is not presented here because petitioners did not plead or otherwise raise the issue of estoppel in a written answer or response to City's motion for summary judgment. See Rule 166-A(c), Texas Rules of Civil Procedure, as amended effective January 1, 1978; City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex.1979).

The application for writ of error is refused, no reversible error.

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PER CURIAM.

This cause was filed by John LaBove and wife to recover damages from the City of Groves as a result of their automobile striking a manhole cover in a city street. The trial court granted City’s motion for summary judgment because of the failure of petitioners to give the notice required by the City Ordinance. The court of civil appeals affirmed. 602 S.W.2d 395.

In Roberts v. Haltom City, 543 S.W.2d 75 (Tex.1976), we held that a city may be estopped by the conduct of its officials from asserting failure of compliance with the notice of claim requirement of the city ordinance. That issue is not presented here because petitioners did not plead or otherwise raise the issue of estoppel in a written answer or response to City's motion for summary judgment. See Rule 166-A(c), Texas Rules of Civil Procedure, as amended effective January 1, 1978; City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671 (Tex.1979).

The application for writ of error is refused, no reversible error.

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608 S.W.2d 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labove-v-city-of-groves-tex-1980.

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