Appellate Law
No-evidence summary judgment defended on appeal
Appellate counsel for the property owners (appellees). After a no-evidence summary judgment dismissed the neighbors' negligence and gross-negligence claims over a fallen tree limb, defended that judgment on appeal — and the court affirmed in every respect, taxing all appellate costs against the appellants.
Take-nothing judgment affirmed in full
Posey v. Crocker, No. 12-26-00107-CV (Twelfth Court of Appeals, Tyler, mem. op. July 22, 2026), affirming a take-nothing no-evidence summary judgment from the 173rd District Court, Henderson County (Tr. Ct. No. CV23-0171-392). The court held the appellants presented nothing for review on the merits of the summary judgment and that their response evidence suffered substantive defects — unauthenticated exhibits and untimely-disclosed witnesses — that were not curable by continuance under Rule 166a(f). Judgment affirmed; all appellate costs taxed against the appellants.
- Citation
- Twelfth Court of Appeals, No. 12-26-00107-CV
- Year
- 2026
- Practice area
- Appellate Law
Past results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.