Shakeup of Steak & Shake

This is a cross-post from 600 Hemphill which follows the Texas Supreme Court.

B.C. v. Steak & Shake, the supreme court reversed a Dallas case case that declined to consider a late-filed summary judgment submission, holding: “We . . . conclude that the trial court’s recital that it considered the ‘evidence and arguments of counsel,’ without any limitation, is an ‘affirmative indication’ that the trial court considered B.C.’s response and the evidence attached to it. The court of appeals concluded this reference ‘indicates nothing more than the trial court considered [Steak N Shake’s evidence] in conjunction with the traditional motion.’ But a court’s recital that it generally considered ‘evidence’—especially when one party objected to the timeliness of all of the opposing party’s evidence—overcomes the presumption that the court did not consider it.” No. 17-1008 (March 27, 2020) (per curiam)