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 position, an attorney needs to be aware of a multitude of issues that can drastically affect the fate of the summary judgment on appeal. This article attempts to address some of the common issues that arise in an appeal of a summary judgment.
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