pending motion to dismiss,,can a motion for summary judgement also be filed at the same time

[PayrollHRGuy]

That is just mean....

And no! I didn't click.

At least I didn't hide it under the title of kittens purring.

 

[Taxing Matters]

defendant filed motion to dismiss. No one has filed motion for summary judgement but deadline is soon.

A motion to dismiss and motion for summary judgment may indeed both be pending before the court at the same time. Indeed, when a defendant files a motion to dismiss for lack of a valid claim that same motion also often includes a motion for summary judgment too.

 

[Just Blue]

At least I didn't hide it under the title of kittens purring.

That's true. And you know I would have been all over that ... I love kittens.

 

[Taxing Matters]

I love kittens.

Kittens are evil. They break the internet.

 

[Just Blue]

Kittens are evil. They break the internet.

No. Kittens are the best. Just looking at a picture of them makes good endorphins release in your body and extend your life. That is scientifically proven.

 

[quincy]

No. Kittens are the best. Just looking at a picture of them makes good endorphins release in your body and extend your life. That is scientifically proven.

Pet ownership has been shown to extend life (... unless you own vicious Great Danes ...).

 

[Just Blue]

Pet ownership has been shown to extend life (... unless you own vicious Great Danes ...).

Great Danes are "vicious"?? No, sir!! They are gentle by nature so one would actually have to train it to be mean. People can be vicious.

 

[quincy]

Great Danes are "vicious"?? No, sir!! They are gentle by nature so one would actually have to train it to be mean. People can be vicious.

Read the Great Dane story out of Ohio.

 

[Ohiogal]

Read the Great Dane story out of Ohio.

The husband would beat them with a baseball bat. Yep.. trained to be aggressive.

 

[quincy]

The husband would beat them with a baseball bat. Yep.. trained to be aggressive.

The husband? Or the previous owners, before the Great Danes were “rescued” by the woman who was killed?

Apparently the dogs were to be euthanized before their rescue two years ago ... but it does sound as if they were not especially well-cared for by this new family.

 

[Ohiogal]

The husband? Or the previous owners, before the Great Danes were “rescued” by the woman who was killed?

Apparently the dogs were to be euthanized before their rescue two years ago ... but it does sound as if they were not especially well-cared for by this new family.

The husband of the woman who was killed. He would beat at least one of them with a baseball bat on the head ..

 

[quincy]

The husband of the woman who was killed. He would beat at least one of them with a baseball bat on the head ..

I thought the husband only had a problem with one of the dogs after the dog bit his arm.

Whatever the case, I agree that if you abuse animals, the animals might turn on you. And with good reason.

There have been a lot of stories recently of animals attacking their attackers (e.g., the big game hunter, the deer hunter ...).

 

[Litigator22]

at is the name of your state? texas

This is undoubtedly more than you care to know.

However, I find nothing in the Texas Rules of Civil Procedure that would deny a litigant - plaintiff or defendant - the right to file a motion for summary judgment (Rule 166a) even though there is pending a motion to dismiss under Rule 91a.

But whereas under the Federal Rules of Civil Procedure (Rule 12(d) - and in many states that have essentially adopted the same - a motion to dismiss can be treated as one for a summary judgment, it is not the case in Texas. The reason being that in ruling on a motion to dismiss a Texas court cannot receive or take into account "matters outside the pleadings" as is true in more enlightened jurisdictions. The inquiry is limited to the pleadings' contents and their reasonable inferences. (See Texas Rule 91.a.6 "Hearing; No Evidence Considered). In other words a big waste of time considering the liberal rules on amending one's pleadings.

(Thankfully I've never been saddled with practicing under those mind numbing Texas Rules - to date numbering eight hundred and twenty-two - that's right, 822 plus multiple sub divisions!)

 

[quincy]

This is undoubtedly more than you care to know.

However, I find nothing in the Texas Rules of Civil Procedure that would deny a litigant - plaintiff or defendant - the right to file a motion for summary judgment (Rule 166a) even though there is pending a motion to dismiss under Rule 91a.

But whereas under the Federal Rules of Civil Procedure (Rule 12(d) - and in many states that have essentially adopted the same - a motion to dismiss can be treated as one for a summary judgment, it is not the case in Texas. The reason being that in ruling on a motion to dismiss a Texas court cannot receive or take into account "matters outside the pleadings" as is true in more enlightened jurisdictions. The inquiry is limited to the pleadings' contents and their reasonable inferences. (See Texas Rule 91.a.6 "Hearing; No Evidence Considered). In other words a big waste of time considering the liberal rules on amending one's pleadings.

(Thankfully I've never been saddled with practicing under those mind numbing Texas Rules - to date numbering eight hundred and twenty-two - that's right, 822 plus multiple sub divisions!)

Bringing the thread back on topic with a nice post, Litigator. Good job.