From Casetext: Smarter Legal Research

Labove v. City of Groves

Supreme Court of Texas
Dec 10, 1980
608 S.W.2d 162 (Tex. 1980)

Opinion

No. B-9737.

October 29, 1980. Rehearing Denied December 10, 1980.

Appeal from the District Court, No. 172, Jefferson County, Thomas A. Thomas, J.

Louis Dugas, Jr., Orange, for petitioners.

Weller, Wheelus Green, Michael R. McGown, Beaumont, for respondent.


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 (Tex76), 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 (Tex79).

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


Summaries of

Labove v. City of Groves

Supreme Court of Texas
Dec 10, 1980
608 S.W.2d 162 (Tex. 1980)
Case details for

Labove v. City of Groves

Case Details

Full title:John LaBOVE et ux., Petitioners, v. The CITY OF GROVES, Respondent

Court:Supreme Court of Texas

Date published: Dec 10, 1980

Citations

608 S.W.2d 162 (Tex. 1980)

Citing Cases

Phillips v. Union Bankers Ins. Co.

Any error associated with election or estoppel is waived and is not properly before this Court. See LaBove v.…

City of Houston v. Torres

Texas authorities have consistently recognized that compliance with such charter provisions is mandatory and…