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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.

Affirmed

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.