Cuevas v. Garcia

I respectfully dissent. The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Wilcox v. St. Mary’s University of San Antonio, 531 S.W.2d 589, 592-93 (Tex.1975); TEX.R. CIV.P. 166-A. In deciding whether or not there is a disputed material fact issue precluding summary judgment, “every reasonable inference must be indulged in favor of the non-movant and any doubt resolved in their favor.” Id. at 593.

There is no dispute that appellants as the children of Maria Guadalupe Cuevas, deceased…