# Traditional summary judgment

Source: https://www.jhenrylaw.com/mechanism/traditional-summary-judgment/
Author: John P. Henry, John Henry & Associates, PLLC
Reviewed: 2026-08-02

**Tex. R. Civ. P. 166a(c)**

## When can a Texas plaintiff win a breach-of-contract case on traditional summary judgment?

A traditional summary judgment under Tex. R. Civ. P. 166a(c) ends a case when the movant proves every element of its claim with competent evidence and no genuine issue of material fact remains. On a written contract with a liquidated sum, that is usually achievable. In Aramcor, Inc. v. Tri Marsh Retail LLC, Cause No. 24-0702-CC5, the court granted it in full the day of the contested hearing — $44,658.57 in damages plus $28,929.12 in fees.

> The judgment sought shall be rendered forthwith if the pleadings and evidence on file show that, except as to the amount of damages, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.

— Tex. R. Civ. P. 166a(c)

## When it applies

A signed instrument, a definite sum, and a defendant whose defense is argument rather than evidence. Leases, notes, guaranties, sworn accounts and CAM reconciliations are the natural habitat. The motion is available to a plaintiff on its own claim and to a defendant on an affirmative defense conclusively established.

## How it is proved up

1. A business-records affidavit that actually satisfies Tex. R. Evid. 902(10) — custodian, personal knowledge, made at or near the time, kept in the regular course. Most affidavits that fail, fail here.
2. The instrument itself, attached and authenticated, with every amendment and assignment in the chain.
3. A damages calculation a judge can follow line by line without doing arithmetic. If the number cannot be tied to a document, it is not liquidated and the motion is the wrong vehicle.
4. Segregated attorney's fees supported by a declaration that does the Rohrmoos work — hours, rate, task — rather than asserting a total.
5. Objections to the response's evidence filed and set at the same hearing, so the record is clean before the merits are argued.

## What defeats it

- A scintilla of evidence on any element. The standard is not preponderance; it is whether a fact issue exists at all.
- A conclusory or defective business-records affidavit, which takes the entire damages proof with it.
- An affirmative defense the movant did not negate. A plaintiff's traditional motion does not dispose of pleaded defenses unless it addresses them, which is why the no-evidence motion travels with it.
- Fees left unsegregated between recoverable and unrecoverable claims.

## Where I have used it

Aramcor, Inc. v. Tri Marsh Retail LLC · Cause No. 24-0702-CC5, County Court at Law No. 5, Williamson County. Granted in full — liquidated damages, fees and post-judgment interest — the day of the contested hearing.

## The order

Order Granting Plaintiff's Motion for Traditional Summary Judgment — Aramcor, Inc. v. Tri Marsh Retail LLC, County Court at Law No. 5, Williamson County, Texas, Cause No. 24-0702-CC5, signed March 7, 2025.

```
CAUSE NO. 24-0702-CC5

ARAMCOR, INC., Plaintiff
v.
TRI MARSH RETAIL LLC, Defendant

IN THE COUNTY COURT AT LAW NO. 5
WILLIAMSON COUNTY, TEXAS

ORDER GRANTING PLAINTIFF'S MOTION FOR TRADITIONAL SUMMARY JUDGMENT

On this day, the Court heard Aramcor, Inc.'s motion for traditional summary judgment on its breach of contract claim against Tri Marsh Retail LLC.

After considering the motion and Tri Marsh's response, the Court GRANTS Aramcor's motion for summary judgment. Aramcor is awarded judgment for liquidated damages in the amount of $44,658.57, attorney's fees in the amount of $28,929.12 and post-judgment interest.

This disposes of all claims and all parties and is a final appealable judgment.

SIGNED on March 7, 2025.

_______________________________
PRESIDING JUDGE
```

## Questions

**What is the standard for traditional summary judgment in Texas?**

The movant must show there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Evidence is viewed in the light most favorable to the non-movant, and every reasonable inference is indulged in the non-movant's favor.

**How is traditional summary judgment different from no-evidence summary judgment?**

A traditional motion under 166a(c) carries an affirmative burden — the movant proves its own case with evidence. A no-evidence motion under 166a(i) carries no evidentiary burden — it identifies an element the other side cannot support and shifts the burden to them. They are routinely filed together.

**Can attorney's fees be awarded on summary judgment in Texas?**

Yes, where a statute or contract provides for them and the proof satisfies Rohrmoos Venture v. UTSW DVA Healthcare. In Aramcor v. Tri Marsh the court awarded $28,929.12 in fees in the same order as the damages.


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