law-more-relief-than-requested | judgment to conform to pleadings | failure to plead | insufficient
pleadings | pleading deficiency | trial amendment trial by consent | special exceptions |
JUDGMENT MUST BE SUPPORTED BY THE PLEADINGS
CANNOT GRANT MORE RELIEF THAN REQUESTED
See TEX. R. CIV. P. 301 (providing that the judgment of the court shall, among other things,
conform to the pleadings); TEX. R. APP. P. 43.2(b) (authorizing appellate courts to modify the
trial court's judgment and affirm it as modified).
Bird v. Kornman, 152 S.W.3d 154,161, (Tex.App.-Dallas 2004, pet. denied) (“a trial court
may not grant relief to a party in the absence of pleadings to support that relief”)(citing
Cunningham v. Parkdale Bank, 660 S.W.2d 810, 813 (Tex.1983)); Stoner v. Thompson, 578
S.W.2d 679, 682 (Tex.1979); Tex. R. Civ. P. 301 (judgment must conform to pleadings).
A default judgment must be supported by the pleadings. Stoner v. Thompson, 578 S.W.2d
679, 682 (Tex. 1979). A default judgment not supported by the pleadings is fundamentally
erroneous. Caruso v. Krieger, 698 S.W.2d 761, 762 (Tex. App.-Austin 1985, no writ). Absent
fair notice, a party who fails to appear at trial will not be held to have tried an unpleaded
cause of action by implied consent. Id.
ELIZABETH W. BUFKIN v. EDWARD O. BUFKIN, JR.; from Dallas County; 5th district (05-06-01719-
CV, 259 SW3d 343, 07-01-08) 2 petitions, pet. denied Nov. 2008)(prejudgment interest, admissibility
of expert testimony, harm analysis of evidentiary ruling by trial court, divorce fault grounds, prenup,