law-directed-verdict-no-evidence-sj
A no-evidence motion for summary judgment is essentially a directed verdict granted before trial, to
which we apply a legal-sufficiency standard of review. King Ranch, Inc. v. Chapman, 118 S.W.3d 742,
750–51 (Tex. 2003). In general, a party seeking a no-evidence summary judgment must assert that no
evidence exists as to one or more of the essential elements of the nonmovant’s claims on which the
nonmovant would have the burden of proof at trial. Flameout Design & Fabrication, Inc. v. Pennzoil
Caspian Corp., 994 S.W.2d 830, 834 (Tex. App.—Houston [1st Dist.] 1999, no pet.). Once the movant
specifies the elements on which there is no evidence, the burden shifts to the nonmovant to raise a
fact issue on the challenged elements. Tex. R. Civ. P. 166a(i). A no-evidence summary judgment will
be sustained on appeal when (1) there is a complete absence of evidence of a vital fact, (2) the court
is barred by rules of law or of evidence from giving weight to the only evidence offered by the
nonmovant to prove a vital fact, (3) the evidence offered by the nonmovant to prove a vital fact is no
more than a scintilla, or (4) the nonmovant’s evidence conclusively establishes the opposite of a vital
fact. King Ranch, 118 S.W.3d at 751. Orr Archibald v. Archibald (Tex.App.- Houston [1st Dist.] Jun. 4,
2009)(Sharp) (attempted post-divorce redivision of benefits fails, divorce decree not ambiguous, res
judicata)