The appellants challenge a summary judgment favoring the plaintiff in this breach of contract case. a challenge to a party's privity of contract is a challenge to capacity, not standing, and requires compliance with rule 93 of the Texas Rules of Civil Procedure. Because appellants failed to timely file a verified pleading, they waived the issue of appellee's lack of capacity to sue, and it was not necessary that appellee prove its capacity. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-12-00307-CV, 08-02-2013.
John C. Flood of DC, Inc. v. SuperMedia, L.L.C.
Tex. App. Dist. 5
August 16, 2013