Magee v. G & H Towing Co.

OPINION ON REMAND FROM THE TEXAS SUPREME COURT

SHERRY RADACK, Chief Justice.

The trial court rendered summary judgment in favor of the appellee-defendant, G & H Towing Company. On appeal, we reversed the summary judgment and remanded to the trial court because one of the appellants-plaintiffs’ claims was not addressed in G & H’s summary-judgment motion. 312 S.W.3d 807. The supreme court reversed our judgment, holding that G & H’s failure to address one of the plaintiffs’ claims was harmless because that claim was derivative of another claim, against a different party, on which we affirmed…