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414 SOUTH TEXAS LAW REVIEW [Vol. 47:409 II. PROCEDURE A. Motion for Summary Judgment The summary judgment process begins with the filing of a motion for summary judgment.8 Unless a party to the suit files a motion for summary judgment, no court has the power to render a judgment.9 Even though it properly grants a summary judgment to one party, a court may not grant
Continue Reading...Summary judgment motions are common place in almost any civil suit in Texas. Whether seeking dismissal of the entire case or seeking the dismissal of some (but not all) claims or defenses, parties routinely file motions for summary judgment. Therefore, almost all attorneys will eventually find themselves asking an appellate court to either affirm or reverse a summary judgment. When in that ...
Continue Reading...that have shaped summary judgment practice. These changes are built upona framework set out in the federal summary judgment trilogy—Celotex, 1. Matsushita, 2. and . Liberty Lobby. 3 —and the application of the Texas no-evidence“ ” summary judgment rule. 4. Also at play are the gatekeeping functionxpressed in the Us e .S. Supreme Court ...
Continue Reading...SUMMARY JUDGMENTS IN TEXAS . Presented By: TERRY TOTTENHAM . PAUL TRAHAN . Fulbright & Jaworski L.L.P. 98 San Jacinto Blvd., Suite 1100 . Austin, TX 78701 (512) 474-5201 (512) 536-4598 (fax) Updated By: MARCY HOGAN GREER . JAMIE WHITNEY . JASON TURNER . Fulbright & Jaworski L.L.P. 98 San Jacinto Blvd., Suite 1100 . Austin, TX 78701 (512) 474-5201 (512) 536-4598 (fax) Written By: BRENDA L ...
Continue Reading...The Texas Supreme Court reversed the judgment of the court of appeals. See id. at 590. The court stated: If a summary judgment order appears to be final, as evidenced by the inclusion of language purporting to dispose of all claims or parties, the judgment should be treated as final for purposes of appeal. If the judgment grants more relief than requested, it should be reversed and remanded ...
Continue Reading...summary judgment practice in Texas state and federal courts has expanded substantially.3 Indeed, the dispositive impact of summary judgment rulings, together with the procedural changes that have increased the influence of summary judgments on virtually all categories of litigation,4 have led commentators to characterize summary judgment practice as the “focal point” of modern litigation.5 ...
Continue Reading...The omission of a summary judgment provision in the Texas Rules of Civil Procedure of 1940, deplored by com-mentators,5 in part reflected the inertia to which I refer. The Advisory Committee which assisted the Supreme Court in formulating the Rules was cognizant of the long struggle which had preceded the grant of the rule-making power to the Supreme Court,' and possibly over-apprehensive that ...
Continue Reading...V. § _____ COUNTY, TEXAS [INSERT PROPERTY] § _____ JUDICIAL DISTRICT DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE COURT: On this day, [DATE], Defendant files this Response to Plaintiff’s Motion for Summary Judgment, and shows the Court as follows: 1. The Evidence in Support of the Motion is Insufficient to Support Summary Judgment Defendant objects ...
Continue Reading...issue to avoid summary judgment. Most Texas courts of appeals have recognized the sham affidavit rule as a legitimate component of a trial judge’s authority under Rule 166a to grant summary judgment when no genuine issue as to any material fact exists. The rule has long been applied throughout the federal court system under Rule 56, which contains language nearly identical to Rule 166a. We ...
Continue Reading...Judgment Rate Summary . Judgment Rate Ceilings TEX. FIN. CODE §304.003 Amended by 78th Legislature, Regular Session, House Bill 2415 and by 79th Legislature, Regular Session, House Bill 955 and Senate Bill 1450. Effective Period 2019 . January 5.25% February-August 5.50% September-October 5.25% November-December 5.00% ; Effective Period 2018 ; January-October 5.00% November-December 5.25% ...
Continue Reading...Civil Procedure, for summary judgment and an order permanently enjoining the defendant Federal Election Commission (“FEC”) from enforcing 2 U.S.C. § 441c against the plaintiffs. A proposed Order is submitted with this motion. Also submitted with this Motion is Plaintiffs’ Statement of Undisputed Material Facts, with references to the portions of the record that support it, including the ...
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