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Wright's v. Red River Federal Credit Union

A party's pleadings must give fair notice of the basis of a claim for affirmative relief.

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OPINION

Wright’s automobile repair shop (“Wright’s”) sued Allstate Insurance Company (“Allstate”), Red River Federal Credit Union (“Red River”), and Michael Turner to recover the cost of repairing a vehicle. Allstate was the insurer of the party liable for the accident that damaged the vehicle; Red River financed the purchase of the vehicle; and Turner owned the vehicle. The trial court granted summary judgment in favor of Red River on all of Wright’s claims. Wright’s appeals the trial court’s ruling. We will review whether Wright’s timely perfected its appeal, and to what extent summary judgment was proper.

Although this appeal only concerns Wright’s claims against Red River, it is necessary to identify the claims that Wright’s brought against the other defendants. Against Allstate, Wright’s alleged “a breach of their contract of insurance [which] is also in violation of the terms of the [Deceptive Trade Practices Act].” Against Red River, Wright’s alleged common-law fraud. Against all three defendants, Wright’s alleged negligent misrepresentation; breach of contract; and a violation of the Texas Insurance Code.

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