1 Dorsaneo, Texas Litigation Guide § 12.03

Summary

• [1] Business Entities
  • [a] Partnerships

    Partnerships doing business under an assumed name may sue or be sued in the partnership or assumed name; any party, however, may require the substitution of the true name [Tex. R. Civ. P. 28; see Woodway Drive LLC v. Harris County Appraisal Dist., 311 S.W.3d 649, 653–654 (Tex. App.—Houston [14th Dist.], 2010, no pet.) (to take advantage of Rule 28 and sue in common name, party must show that named entity is in fact doing business under that common name); Chien v. Chen, 759 S.W.2d 484, 489–492 (Tex. App.—Austin 1988, no writ) (Texas Uniform Partnership Act does not require suits only in partnership name); see also Corinth Joint Venture v. Lomas & Nettleton, 667 S.W.2d 593, 595 (Tex. App.—Dallas 1984, writ dism’d) (partnership should be sued as partnership entity rather than in names of individual partners)]. The proper method for substituting a party’s correct legal name is normally an amended original petition rather than a supplemental petition [ ...