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
80 of 80
Citing cases (total)
357
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 80 flagged citations have been read, and the one confirmed treatment is listed below. Ackermann v. Vordenbaum declined to extend Tobin's cross-motion rule to an appeal from a dismissal and restricted the doctrine to cases in which all real parties in interest moved for summary judgment and the appeal followed a judgment granting at least one motion.
More on how this was screened

The remaining opinions applied Tobin positively, reported Ackermann's treatment, or placed nearby “overruled” language on trial-court rulings rather than on Tobin. Two flagged citations came from mismatched records: one opinion did not cite Tobin, and another record included an unrelated opinion that applied Tobin positively.

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.

357 later cases cite Tobin v. Garcia; 80 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 Supreme Court of Texas declined to extend Tobin's rule to an appeal from a dismissal and restricted the doctrine to cases in which all real parties in interest moved for summary judgment and the appeal followed a judgment granting at least one motion.

    Ackermann v. Vordenbaum · Supreme Court of Texas · filed

    The safer rule is one restricting the Tobin-Garcia doctrine to its factual situation ... 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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