Southwestern Fire & Casualty Company v. Larue

I dissent.

I disagree with the holding that it was not error to overrule Larue’s special exception. However, my disagreement with that holding would not necessarily lead me to dissent. My dissent is prompted by what seems to me a far more fundamental error being committed by the Court. That error lies in an apparent misconception of the limited office of a motion for summary judgment on pleadings.

Although the Court does not so state in its opinion, the record discloses that Southwestern sought a summary judgment on the pleadings. The motion is brief and un-sworn and therefore cannot itself be…