Sunday, December 12, 2021

Cite Thy Evidence

The grant of a no-evidence motion for summary judgment was affirmed when:

“In its response to the no-evidence motion, Great Hans did not specifically identify the supporting proof it wanted considered by the trial court on any specific element nor make any argument or cite to any legal authority in support of its position. Rather, as to each element challenged on the various causes of action, Great Hans recited the element and provided the same response: ‘More than a scintilla of summary judgment evidence is submitted in the record as adopted by reference and as set out above in the traditional summary judgment motion argument on this ground.’ Great Hans did not direct the court to where in its response to the traditional motion it could find the argument and evidence related to the specific element.”

Great Hans LLC v. Liberty Life Service Corp., No. 05-20-00113-CV (Dec. 8, 2021) (mem. op.)

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from Texas Bar Today https://ift.tt/3GDSio8
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