No Evidence Summary Judgment Rejected for Failure to Challenge Each Element of Claim
September 24, 2014In this breach of contract case, the majority opinion found that the appelle’s no-evidence summary judgment motion was legally insufficient to support the trial court’s summary judgment because it “fails to challenge or even mention a single element of any of [the] claims as to which there is no evidence.”
The dissent, however, disagreed, noting that “a party may challenge a specific element in a breach-of-contract case by filing a no-evidence motion asserting there is no evidence of breach of contract.” In the dissent’s view, appelle’s motion makes this assertion.
