Fantastic Homes, Inc. v. Combs

The trial court granted a take-nothing summary judgment against petitioners in their suit to recover damages from respondent under the Deceptive Trade Practices Act, section 17.41, et seq., Tex.Bus. & Com. Code Ann. The court of civil appeals reversed this judgment and remanded the cause to the trial court for further proceedings. 584 S.W.2d 340.

We agree with the holding of the court of civil appeals that a non-movant needs no answer or response to a motion for summary judgment in order to urge on appeal that the movant’s proof was insufficient to establish as a matter of law the specific…