Whiddon v. Metni

STEPHENS, Justice.

Dr. Whiddon appeals from an order of the trial court granting appellees’ motion for summary judgment. The issue presented is whether the non-movant has the burden of presenting, in response to a motion for summary judgment, a theory of recovery contained in his petition but not addressed by appellees’ motion. We conclude he does not; therefore, we reverse and remand.

The appellant, Dr. Lonnie Whiddon, had associated himself with Dr. Metni and Dallas Cardiovascular Surgery Associates for the purpose of pursuing a medical practice. No written contract was consummated by the…