Brown v. Bettinger

I respectfully dissent to the reversal and remand of this cause and would affirm summary judgment.

Appellants have failed to address all possible grounds upon which the trial court may have granted summary judgment. In Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989), our Texas Supreme Court held that when a trial court’s order granting summary judgment does not specify the ground or grounds relied upon for its ruling, summary judgment will be affirmed on appeal if any of the theories advanced are meritorious. This Ninth Court of Appeals recognized that rule in Netterville v. Interfirst Bank,…