law-summary-judgment-appeals | common errors on appeal |


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