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Chessher v. Southwestern Bell Telephone Co.

Supreme Court of Texas
Nov 9, 1983
658 S.W.2d 563 (Tex. 1983)

Summary

holding that unaddressed claims cannot be basis for summary judgment

Summary of this case from Cobb v. Morace

Opinion

No. C-2367.

October 5, 1983. Rehearing Denied November 9, 1983.

Appeal from the 189th District Court, Harris County, Hughes, J.

Wheat Rickard, Robert W. Rickard, Houston, for petitioner.

Fulbright Jaworski, Roger Townsend, Houston, for respondent.


Paul G. Chessher instituted this suit against Southwestern Bell Telephone Company seeking damages for breach of employment contract, wrongful discharge, fraud, and misrepresentation. Summary judgment was rendered in favor of Southwestern Bell on the basis of the Statute of Frauds, Tex.Bus. Comm Code Ann. art. 26.01(b)(6) (1977), and the court of appeals affirmed in an unpublished opinion. Tex.R.Civ.P. 452. We reverse the judgments of the courts below and remand the cause to the trial court.

The record discloses that the sole ground upon which Southwestern Bell sought summary judgment was the Statute of Frauds; no defense was raised as to the tort allegations set forth in Chessher's petition. The trial court's judgment, however, disposed of all four of Chessher's causes of action. The court of appeals concluded that Chessher had waived his tort claims by failing to raise them in his response to the motion for summary judgment. In so holding, the court committed reversible error.

It is axiomatic that one may not be granted judgment as a matter of law on a cause of action not addressed in a summary judgment proceeding. In City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979), we wrote, "The movant . . . must establish his entitlement to a summary judgment on the issues expressly presented to the trial court by conclusively proving all essential elements of his cause of action or defense as a matter of law." (emphasis added).

Because Southwestern Bell moved for summary judgment on only one of Chessher's four causes of action, the court of appeals' affirmation of this judgment was improper as to the other causes of action alleged by Chessher. Griffin v. Rowden, 654 S.W.2d 435 (Tex. 1983); Puga v. Donna Fruit Co., Inc., 634 S.W.2d 677 (Tex. 1982); Missouri-Kan.-Tex. R.R. Co. v. City of Dallas, 623 S.W.2d 296 (Tex. 1981).

Pursuant to Tex.R.Civ.P. 483, the application for writ of error is granted, and without hearing oral argument, the judgments of the courts below are reversed and the cause is remanded to the trial court.


Summaries of

Chessher v. Southwestern Bell Telephone Co.

Supreme Court of Texas
Nov 9, 1983
658 S.W.2d 563 (Tex. 1983)

holding that unaddressed claims cannot be basis for summary judgment

Summary of this case from Cobb v. Morace

In Chessher v. Southwestern Bell Telephone Co., 658 S.W.2d 563, 564 (Tex. 1983) (per curiam), we wrote: "It is axiomatic that one may not be granted judgment as a matter of law on a cause of action not addressed in a summary judgment proceeding."

Summary of this case from Mcconnell v. Southside Independent School Dist

stating it is reversible error to grant summary judgment on a claim not addressed in the motion

Summary of this case from Delamar v. Fort Worth Mountain Biker's Ass'n

In Chessher, the Texas Supreme Court held that a proponent's motion for final summary judgment cannot be granted unless the motion addresses all pending claims against the proponent.

Summary of this case from Salaymeh v. Centro

In Chessher, the supreme court reversed the trial court's grant of a summary judgment that purported to dispose of three unaddressed claims in addition to the single asserted ground.

Summary of this case from Will Pawlik Enter. v. Cavazos

In Chessher, plaintiff sued on contract and tort grounds; while the defendant moved for summary judgment only on contract grounds, the trial court erroneously granted summary judgment on both contract and tort grounds.

Summary of this case from Cuyler v. Minns

In Chessher v. Southwestern Bell Tel. Co., 658 S.W.2d 563, 564 (Tex. 1983), no defense was raised in the motion for summary judgment to a tort allegation set forth in plaintiff's petition; the court held summary judgment as to the unaddressed cause of action was error.

Summary of this case from Smith v. Atlantic Richfield

In Chessher v. Southwestern Bell Tel. Co., 658 S.W.2d 563 (Tex. 1983), the court said it was improper for the court of appeals to affirm as to the unaddressed causes of action.

Summary of this case from Uribe v. Houston General Ins. Co.

In Chessher the plaintiff brought claims of breach of contract, wrongful discharge, fraud, and misrepresentation claims against defendant.

Summary of this case from Weiman v. Addicks-Fairbanks Road Sand Co.
Case details for

Chessher v. Southwestern Bell Telephone Co.

Case Details

Full title:Paul G. CHESSHER, Petitioner, v. SOUTHWESTERN BELL TELEPHONE COMPANY…

Court:Supreme Court of Texas

Date published: Nov 9, 1983

Citations

658 S.W.2d 563 (Tex. 1983)

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