Don’t search the grounds, to search for the grounds.

November 28, 2022

The appellant in NFVT Motors v. Jupiter Chevrolet argued that it only needed to show that a noncompete was of appropriate breadth to obtain reversal. The appellee countered that it had also sought summary judgment on the ground that the noncompete lacked consideration and the plaintiff had no damages. The court of appeals agreed with the appellee, specifically noting: “We may not consult the reporter’s record of the summary judgment hearing to determine if the judgment is limited to certain grounds. Nor can we look to docket entries that ordinarily do not form part of the record that may be considered on appeal.” No. 05-21-01031-CV (Nov. 16, 2022) (mem. op.) (citations omitted).