Rule 91a standard

The Fifth Court affirmed and part – and reversed in part – a TRCP 91a dismissal in  Royale v. Knightvest  Management LLC, No. 05-18-00908-CV (Aug. 30, 2019) (mem. op.). The Court summarized the standard as follows (citations omitted):

“[W]e construe the pleadings liberally in favor of the plaintiff. Under the fair-notice pleading standard we apply to determine whether the petition’s allegations are sufficient to allege a cause of action, we assess whether the defendant can ascertain from the pleading the nature of the controversy, its basic issues, and the type of evidence that may be relevant. ‘Rule 91a provides a harsh remedy that should be strictly construed.’ The rule is not a substitute for special exception practice under rule 91 or summary judgment practice under rule 166a, both of which come with protective features. If a petition provides sufficient facts to give fair notice of the claim, then a motion seeking dismissal based on lack of a basis in fact should be denied.”