Page v. Geller

OPINION

In this appeal from a summary judgment, the court of appeals set aside the trial court’s entire judgment because the trial court granted more relief than was requested by Petitioner, Perman Page, in his motion for summary judgment. See 940 S.W.2d 102. This was error. As we held today, when a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final, and it is appeal-able. See Bandera Elec. Cooperative v. Gilchrist, — S.W.2d -, -, 1997 WL 126859 (Tex.1997) (per curiam). On appeal, the…