law-summary-judgment-appeals | common errors on appeal |
APPEALS FROM SUMMARY JUDGMENTS
Standard of Review
We review de novo the trial court’s ruling on a motion for summary judgment. Mann Frankfort Stein &
Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844, 848 (Tex. 2009). In a traditional motion for summary
judgment, the movant must establish that no genuine issue of material fact exists and that the movant is
entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c). To determine if the non-movant has
raised a fact issue, we review the evidence in the light most favorable to the non-movant, crediting
favorable evidence if reasonable jurors could do so and disregarding contrary evidence unless
reasonable jurors could not. See Fielding, 289 S.W.3d at 848 (citing City of Keller v. Wilson, 168 S.W.
3d 802, 827 (Tex. 2005)).
If, as here, the trial court specifically states the basis on which it granted the motion for
summary judgment, we must consider those grounds. See Zurich, 157 S.W.3d at 464-65. In
addition, in the interest of judicial economy, we may also consider other grounds that the trial court
did not expressly address. Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 755 (Tex. 2007)
Virginia Power Energy Marketing, Inc v. Apache Corp. (Tex.App.- Houston [14th Dist.] Aug. 6, 2009) (Sullivan)
(dispute involves the application and effect of force majeure provisions in a natural-gas supply contract, contract
construction, excuse for nonperformance) (fact issue precludes summary judgment)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Sullivan
Before Justices Brock Yates, Guzman and Sullivan
14-07-00787-CV Virginia Power Energy Marketing, Inc and Dominion Resources, Inc v. Apache Corporation
Appeal from 157th District Court of Harris County
A summary judgment may be affirmed on any of the movant's theories which has merit.
See Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 627 (Tex. 1996).
American National Ins v. Deutsche Bank (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Radack)
(summary judgment appeals appellate procedure, need to challenge all bases for summary judgment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
01-08-00791-CV American National Insurance, American National Investment Accounts, Inc., SM&R Investments,
Inc., American National Property and Casualty Company, Standard Life and Accident Insurance Company, Farm
Family Life Insurance Company, Farm Family Casualty Ins., v. Deutsche Bank Securites, Inc. fka Deutsche Banc
Alex. Braown Inc., and Deutsche Banc Alex. Brown
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle