law-no-evidence-motion-for-summary-judgment


After adequate time for discovery, a party may move for summary judgment on
the ground that there is no evidence of one or more essential elements of a
claim or defense on which an adverse party would have the burden of proof at
trial.  Tex. R. Civ. P. 166a(i); Urena, 162 S.W.3d at 550; Pico, 209 S.W.3d at
905.  Unless the respondent produces summary-judgment evidence raising a
genuine issue of material fact, the trial court must grant the motion.  Tex. R. Civ.
P. 166a(i); Urena, 162 S.W.3d at 550;  Pico, 209 S.W.3d at 905.  To defeat a
no-evidence motion for summary judgment, the non-movant need not marshal its
evidence, but must point out in its response evidence raising a genuine issue of
fact as to the challenged elements.  See Tex. R. Civ. P. 166a(i) cmt.; Johnson v.
Brewer & Pritchard, P.C., 73 S.W.3d 193, 207 (Tex. 2002); Pico, 209 S.W.3d at
912.
The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)
(Seymore) (
INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging
wrongful payment of noncompensable injury claims within the deductible)(
insurer's duty of good faith
and fair dealings, negligent claims handling, express warranty claim, breach of warranty - elements,
conclusory affidavit)
AFFIRMED: Opinion by
Justice Seymore     
Before Justices Frost, Seymore and Guzman   
14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney
and Mary Vu   
Appeal from 280th District Court of Harris County
CONCURRING:
Concurring Opinion by Justice Frost (higlighting applicable binding Supreme Court
precedent)     


As to a no evidence summary judgment motion, the movant must state the
specific elements of a cause of action for which there is no evidence.  Cuyler v.
Minns, 60 S.W.3d 209, 212 (Tex. App.- Houston [14th Dist.] 2001, pet. denied).  
If the movant has identified specific elements he claims lack evidence, we must
then determine de novo whether the non-movant has produced more than a
scintilla of probative evidence to raise a genuine issue of material fact.  Allen v.
Connolly, 158 S.W.3d 61, 64 (Tex. App.- Houston [14th Dist.] 2005, no pet.).
Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of
complained-of business fails on summary judgment; misrepresentation as to insurance coverage of
buy-back guarantee)(
no-evidence summary judgment affirmed) (motion to transfer venue for
convenience)    
AFFIRMED: Opinion by
Justice Hudson     
Before Chief Justice Hedges, Justices Hudson and Frost   
14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed
and Houston Surplus Lines, Inc.    
Appeal from 434th Judicial District Court of Fort Bend County


A trial court must grant a no-evidence motion for summary judgment if: (1) the
moving party asserts that there is no evidence of one or more specified
elements of a claim or defense on which the adverse party would have the
burden of proof at trial; and (2) the respondent produces no summary-judgment
evidence raising a genuine issue of material fact on each of the challenged
elements.  See Tex. R. Civ. P. 166(a)(i).  We review a no-evidence summary
judgment for evidence that would enable reasonable and fair-minded jurors to
differ in their conclusions.  Hamilton v. Wilson, 249 S.W.3d 425, 426 (Tex. 2008)
(citing City of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005)).
Christus Health v. Kone, Inc. (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Brown)
(
fraud and fraud-in-the-inducement claim, pleading sufficiency, special exceptions, affidavit found to
be conclusory)
AFFIRMED: Opinion by
Justice Brown
Before Justices Anderson, Frost and Brown
14-07-00786-CV Christus Health and Christus Health Gulf Coast v. Kone, Inc
Appeal from 127th District Court of Harris County
Trial Court
Judge: Sharolyn P. Wood