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citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
O'Keefe Healthcare, LLC v. Lola Faulkner and Lee Roy Faulkner2026-06-24
…-3- 04-25-00249-CV failing to do so, may not later assign them as error on appeal.” See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 679 (Tex. 1979). Summary Judgment Evidence The only summary judgment evidence before the trial court was the evidence attached to the Faulkners’ summary judgment motion. Although O’Keefe attached evidence to its summary judgment response—a revised survey—the trial court sustained the Faulkners’ evidentiary objection to this eviden…
Tyrice Holcomb v. XPROUSA Moshin, LLC2026-06-04
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Ryan Alan Brown and Hunter Brent Brown v. Endeavor Energy Resources, L.P.2026-06-04
…then the burden shifts to the non-movant to present to the trial court any issues or evidence that would preclude summary judgment. Duncan v. Hindy, 590 S.W.3d 713, 719 (Tex. App.—Eastland 2019, pet. denied) (citing City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979)). To determine if a genuine issue of material fact exists, we review the evidence in the light most favorable to the nonmovant, and we indulge every reasonable inference and resolve any doubts in the nonmovant’s favor. KMS Retail Rowlett, LP v. City of Rowlett, 593 S.W.3d 175, 181 (Tex. 2019). We credit evidence favo…
Maria N Villani v. Vanderbilt Mortgage and Finance Inc.2026-06-04
…and Sections 9.301 through 9.310 of the Texas Business and Commerce Code. Thus, we may not consider the merits of these new complaints as grounds for the reversal of the trial court’s grant of summary judgment. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979) (“The written answer or response to [a summary-judgment] motion must fairly apprise the movant and the [trial] court of the issues the non-movant contends should defeat the motion.”); State Bd. of Ins. v. Westland Film Indus., 705 S.W.2d 695, 696 (Tex. 1986) (per curiam) (“[I]ssues not expressly presented to the trial court ma…
Dallas Sports Group v. DSE Hockey Club2026-06-03
…ed that the court should deny the Stars’ Res Judicata Motion for four reasons: [¶ 115] First, the Mavericks relied primarily on McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 343 (Tex. 1993) and City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex. 1978) to urge that one cannot avoid summary judgment based on an unpled and unproved affirmative defense. 101 Thus, the Stars’ bankruptcy-related defenses fail because they did not raise them in response to the Mavericks’ First DJ Motion. 102 99 Defendant’s Traditional Motion for Summary Judgment or Alternatively for Leg…
Shawn Elizabeth Ann Bashelor v. Discover Bank2026-05-21
…nor did she file any counterclaims. See Tex. R. Civ. P. 166a(c) (“Issues not expressly presented to the trial court by written motion, answer or other response shall not be considered on appeal as grounds for reversal.”); Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). Thus, she failed to preserve for review her complaints raised for the first time here. See McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 343 (Tex. 1993) (stating that nonmovant must expressly present to trial court any reasons for avoiding movant’s right to summary judgment). Discover’s uncontr…
Cynthia Vela, Individually, Joel Vela, Individually, and as Co-Representatives of the Estate of Honesty Vela/GEC Transport Solutions, LLC v. GEC Trans2026-05-15
…15 Litigants “should be able to narrow the issues presented to the trial court provided the agreement is reduced to writing, signed, and filed with papers or ‘entered of record.’” City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 677 (Tex. 1979) (citing Tex. R. Civ. P. 11). If a party “represents to the court that he waives a ground or objection that he has previously asserted in a written motion or response and agrees that a certain issue is the only issue before the court,” Rule 11 is satisfied “if the oral waiver or agreement made in open court is described in t…
Superior Development Group, LLC and Michael Cowart v. Tami Knox2026-05-14
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
In the Interest of A.A.C.C., a Child v. the State of Texas2026-04-30
…s grounds for reversal. See McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 343 (Tex. 1993). A party cannot raise new reasons why a summary judgment should have been denied for the first time on appeal. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678−79 (Tex. 1979); Garcia v. Garza, 311 S.W.3d 28, 44 (Tex. App.—San Antonio 2010, pet. denied). When reviewing an order granting summary judgment, appellate courts are restricted to the arguments expressly presented to the trial court in the written summary judgment motion and the written response to the motion. Ritchey v. Pinnell, 324…
Anthony Lopez v. CBE Extreme Nightlife FW, LLC D/B/A Old School Texas2026-04-23
…tained 17—is broad enough to encompass this causation theory and because he raised it in his written summary-judgment response, Lopez may rely on it as grounds for reversal on appeal. See Tex. R. Civ. P. 166a(c); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 677 (Tex. 1979) (explaining that to be considered on appeal, a nonmovant’s argument against summary judgment “must be in writing and before the trial judge at the hearing”); see also Abraham & Co. v. Markel Ins. Co., 721 S.W.3d 37, 47 (Tex. App.—Houston [14th Dist.] 2025, no pet.) (“Because no special exceptions were sustained against [ap…
Lance J. Meyer and Kerry L. Meyer v. Castroville State Bank2026-04-22
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Robert Huber v. ISI Contracting, Inc.2026-04-09
…genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999). “Summary judgments must stand on their own merits[.]” City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). “The non-movant has no burden to respond to or present evidence regarding the motion until the movant has carried its burden to conclusively establish the cause of action or defense on which its motion is based.” State v. Ninety Thousand Two Hundred Thirty-Five Dollars & No Cents in U.S. Currency ($90,235), 390 S.W.3d 289…
Cris Lalonde and Vanessa Lalonde v. Tortuga Ranch NC, LLC, Vandrake Investments, LLC, and Premier Land Liquidators, LLC2026-04-08
…8 (Tex. 2021) (citation modified). And a nonmovant’s failure to respond to the movant’s motion “‘cannot supply by default the summary judgment proof necessary to establish the movant’s right.’” Id. at 88 (quoting City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979)). 1.2 Tortuga Ranch Was Not Entitled to Summary Judgment as a Matter of Law “The Declaratory Judgments Act is not available to settle disputes already pending before a court.” BHP Petroleum Co. Inc. v. Millard, 800 S.W.2d 838, 841 (Tex. 1990) (internal quotation marks omitted). This mirror-image rule prohib…
Dallas Sports Club v. DSE Hockey Arena2026-04-02
…ng the Mavericks’ Declaratory Judgment motion. Thus, the court did not consider laches when deciding that motion. See McConnell v. Southside Ind. Sch. Dist., 858 S.W.2d 337, 341 (Tex. 1993) (citing City of Houston v. Clear Creek Ban Auth., 589 S.W.2d 671, 678 (Tex. 1979) (nonmovant must expressly present issues it contends avoids movant’s entitlement to summary judgment). [¶ 211] In McConnell, the supreme court held that although Rule 166a(c) can be a rigorous rule, there are several public policy goals for upholding Rule 166a(c)’s requirements that parties state the bases for their…
Bulah Marie Garrett, Individually and as Representative of the Estate of Lyndell Ray Garrett, Deceased; Lisa Garrett; And Shelly Garrett v. Wal-Mart S2026-03-26
…hes a right to summary judgment on the issues expressly presented in the motion, then the burden shifts to the nonmovant to present to the trial court any issues or evidence that would preclude summary judgment. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979). “A no-evidence summary judgment is essentially a pretrial directed verdict, and we apply the same legal sufficiency standard in reviewing a no-evidence summary judgment as we apply in reviewing a directed verdict.” King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 750–51 (Tex. 2003); Heirs of Del Real v. Eason, 374 S.W.3d…
Dione Childress v. Alex S. Tradd II, as Independent of the Estate of Robert Carson Caldwell2026-03-19
…211, 216 (Tex. 2003). The trial court may not grant a summary judgment by default for lack of an answer or response to the motion by the nonmovant when the movant’s summary–judgment proof is legally insufficient. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). The movant still must establish his entitlement to a summary judgment on the issues expressly presented to the trial court by conclusively proving all essential elements of his cause of action or defense as a matter of law. Id. Summary judgment must issue where discovery responses, supporting affidavits, pleadings, or oth…
Enrico Romano and Yadira Ortiz v. Arrowhead Hill Farm, Inc., Donna Whittleman, Individually, and Courtney Whittleman, Individually2026-03-12
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Rafael Cisneros and Sofia Nanez v. Humberto Leal, Yvonne Leal, and Samuel Rene Ramos2026-03-11
…1, 556 (Tex. 1989)) (internal quotation marks omitted). “[T]he non-movant’s failure to answer or respond cannot supply by default the summary judgment proof necessary to establish the movant’s right.” Id. (quoting City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979)). “The evidence raises a genuine issue of fact if reasonable and fair-minded jurors could differ in their conclusions in light of all the summary-judgment evidence.” Curry v. Harris Cnty. Appraisal Dist., 434 S.W.3d 815, 826 (Tex. App.—Houston [14th Dist.] 2014, no pet.) (citing Goodyear Tire & Rubber Co. v. Maye…
Gerardo Saldivar Mendo and Marcelina Castro v. Jeannine Flournoy Brown, Individually and as Trustee of J&R Flournoy Trust2026-03-06
…A defendant is entitled to summary judgment on an affirmative defense if it conclusively proves all the elements of the affirmative defense. Rhône–Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. 1999); see also City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). A defendant seeking summary judgment on the basis of limitations must conclusively prove when the cause of action accrued and, if the plaintiff has pleaded a defensive theory, conclusively negate its application. Pustejovsky v. Rapid–Am. Corp., 35 S.W.3d 643, 646 (Tex. 2000); KPMG Peat Marwick v. Harrison Cnty. Hous. Fin.…
Alfredo Barron and Eda Barron v. Richard L. Pfirman2026-02-26
…a)(1). Any issue, except legal sufficiency, not expressly presented by the non-movant to the trial court in a written response may not be considered as grounds for reversal on appeal. See TEX. R. CIV. P. 166a(c); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979).7 Thus, the failure to present an issue to defeat summary judgment in the trial court 7 See also Frazer v. Tex. Farm Bureau Mut. Ins. Co., 4 S.W.3d 819, 824–25 (Tex. App.—Houston [1st Dist.] 1999, no pet.). 11 waives the issue on appeal. D.R. Horton-Tex., Ltd. v.…
Robey Neeley v. Lyft, Inc.; Liberty Mutual Fire Insurance Company; And Liberty County Mutual Insurance Company2026-02-12
…hes a right to summary judgment on the issues expressly presented in the motion, then the burden shifts to the nonmovant to present to the trial court any issues or evidence that would preclude summary judgment. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979). We address the parties’ summary judgment motions on Neeley’s four causes of action in turn: breach of contract, fraud, violations of the Texas Insurance Code, and DTPA violations. III. Breach of Contract Against Liberty At the outset, we note that Neeley asserts that he did not plead a bre…
William Dean Perry, Heather Marie Perry, and Alexander M. Brauer v. Robert J. Janson, David B. Meltzer, Lacy J. Conte, Sheryl D. Crutchfield, and Step2026-02-12
…gment on the Perrys’ negligence and gross-negligence claims should be reversed because the board members failed to show that these claims were actually be affirmed only on grounds presented in the motion.” (citing City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 676 (Tex. 1979))). 7 based on intentional—as opposed to negligent—conduct and because the Perrys presented sufficient summary-judgment evidence to create a fact issue as to their negligence claim’s proximate-cause element and their gross-negligence claim’s elements. Third, they contend that the…
Shawn Ashley Mitchell v. Anna Dolores Everett2026-02-05
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Luckenbach Ranch, LLC and Firefly Partners, LLC D/B/A Firefly Partners Land, LLC v. Troy Bowling and Kim Bowling2026-02-04
….2d 746, 748 (Tex. 1999). If the movant produces evidence entitling it to summary judgment, the burden shifts to the nonmovant to respond to the motion and present any issues that would preclude summary judgment. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678–79 (Tex. 1979); see also Walker v. Harris, 924 S.W.2d 375, 377 (Tex. 1996). We must affirm a summary judgment if any of the grounds asserted in the motion are meritorious. Tex. Workers’ Comp. Comm’n v. Patient Advocates of Tex., 136 S.W.3d 643, 648 (Tex. 2004). -4-…
Stella Salmeron and Carlos Salmeron v. Atascocita Forest Community Association2026-01-29
…urt lacked jurisdiction over Donaldson’s claims, Lloyds’ plea to the jurisdiction was properly granted and the trial court did not violate Donaldson’s right to a jury trial by dismissing the lawsuit.”); see also City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 n.5 (Tex. 1979) (“The function of the summary judgment is not to deprive a litigant of his right to trial by jury, but to eliminate patently unmeritorious claims and untenable defenses.”); Willie v. CenterPoint Energy Res. Corp., No. 14-23-00937-CV, 2025 WL 380519, at *3 (Tex. App.—Houston [14th Dist.] Feb. 4, 2025, no pet.) (mem. op.…
Bexar County Hospital District D/B/A University Health F/K/A University Health System v. Consuelo Levine2026-01-23
…Health was ever served,” and “has offered no summary judgment evidence to document service,” Levine had no obligation to do so absent a conclusive showing by University Health that such service did not occur. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979) (“[A summary judgment] movant . . . must establish his entitlement to a summary judgment on the issues expressly presented . . . by conclusively proving all essential elements of his cause of action or defense[.]”; “Summary judgments must stand on their own merits, and the 9 Nor did we, as University Health asserts, “cit…