law-summary-judgment-appeals-must-challenge-all-grounds | summary judgment appeals |
When, as in this case, the trial court does not specify in the order the grounds relied on in granting summary
judgment, we must affirm the summary judgment if any of the grounds presented are meritorious. W. Invs., Inc.
v. Urena, 162 S.W.3d 547, 550 (Tex. 2005); Pico v. Capriccio Italian Rest., 209 S.W.3d 902, 905 (Tex. App.-
Houston [14th Dist.] 2006, no pet.). We conclude the trial court properly granted the no-evidence motion.
The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009) (Seymore)
(INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging wrongful payment of
noncompensable injury claims within the deductible)(insurer's duty of good faith and fair dealings, negligent
claims handling, express warranty claim, breach of warranty - elements, conclusory affidavit)
AFFIRMED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and Mary
Vu
Appeal from 280th District Court of Harris County
CONCURRING: Concurring Opinion by Justice Frost (higlighting applicable binding Supreme Court precedent)
Lowry v. Liberty Lloyds of Texas Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala)
(appeal from summary judgment; one ground for sj not challenged)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Alcala and Hanks
01-07-00796-CV David Lowry v. Liberty Lloyds of Texas Insurance Company
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge: Hon. Linda Storey