Gonzales Bail Bonds v. State

This appeal presents an issue that desperately needs to be resolved for the “new” no evidence motion for summary judgment rule to have the full benefit of its intended effect. Tex.R. Civ. P. 166a(i). What does it mean to have no evidence of a challenged element?

In this case, the Court is relying on an inference that should not be relied upon. The evidence relied upon by the Court is from the documents in the trial court’s case file. The Court relies upon the absence of any evidence in the case file to infer that no continuance was ordered. The Court states; “The file in the Rodriguez case…