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Murray Sav. Ass'n v. Zauber

Supreme Court of Texas
Jul 2, 1980
601 S.W.2d 940 (Tex. 1980)

Summary

reversing summary judgment against plaintiff where fact issue was raised regarding the futility of demand

Summary of this case from Hajdik v. Wingate

Opinion

No. B-9171.

July 2, 1980.

Appeal from the 162nd District Court, Dallas County, Dee Brown Walker, J.

Gardere, Wynne Jaffe, Curtis L. Frisbie, Jr., Kelsoe Ayres, G. H. Kelsoe, Jr., Dallas, for petitioners.

Don C. Alexander and Dean Carlton, Dallas, for respondents.


The application for writ of error is refused, no reversible error. In this derivative action the court of civil appeals reversed and remanded the judgment of the trial court which, upon granting the motion for summary judgment of the corporation, dismissed the suit without prejudice to refiling as an individual as opposed to a derivative action. 591 S.W.2d 932. The summary judgment proof of petitioner Murray Savings Association does not establish as a matter of law that the decision of its board of directors, taken after the suit was filed, to seek to have the case dismissed, constituted the exercise, in good faith and free from improper influence, of the sound business judgment of the board. Accordingly, we do not reach the question of whether such action so taken by the board, if established at trial, would bar the maintenance of this derivative suit even though respondent were to establish good cause for failing, prior to his filing the suit, to make efforts to have the corporation institute the action.


Summaries of

Murray Sav. Ass'n v. Zauber

Supreme Court of Texas
Jul 2, 1980
601 S.W.2d 940 (Tex. 1980)

reversing summary judgment against plaintiff where fact issue was raised regarding the futility of demand

Summary of this case from Hajdik v. Wingate

applying the concept under Texas law

Summary of this case from Lewis v. Knutson

stating that Rule 42, as amended in 1977, did not control derivative suits

Summary of this case from Eye Site Inc. v. Blackburn
Case details for

Murray Sav. Ass'n v. Zauber

Case Details

Full title:MURRAY SAVINGS ASSOCIATION et al., Petitioners, v. Ray ZAUBER et al.…

Court:Supreme Court of Texas

Date published: Jul 2, 1980

Citations

601 S.W.2d 940 (Tex. 1980)

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