Case Citator › Tobin v. Garcia

Tobin v. Garcia

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of Texas
Citation
316 S.W.2d 396
Decided
Confirmed treatments
1
Flagged citations read
94 of 94
Citing cases (total)
94
Treatment dates
1966
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Tobin v. Garcia has been limited. All 94 flagged citations have been read, and the confirmed treatment is listed below.
More on how this was screened

The Texas Supreme Court's later decision in Ackermann v. Vordenbaum confined Tobin's exception for appellate review of a denied summary judgment motion to cases matching Tobin's cross-motion posture. The other opinions read applied Tobin or discussed its own treatment of Rogers v. Royalty Pooling Co.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

94 later cases cite Tobin v. Garcia; 94 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Tobin v. Garcia?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Texas Supreme Court confined Tobin's exception permitting appellate review of a denied summary-judgment motion to cases in which all real parties moved for summary judgment and the appeal followed the grant of one or more motions.

    Ackermann v. Vordenbaum · Supreme Court of Texas · filed

    The safer rule is one restricting the Tobin-Garcia doctrine to its factual situation and that disclosed in Gulf, Colorado & Santa Fe Ry. Co. v. McBride, that is, to cases in which motions for summary judgment have been filed by all of the real parties at interest and the appeal is prosecuted from a judgment granting one or more of them.
    Read the full opinion on CourtListener →

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