Metroplex Glass Center, Inc. v. Vantage Properties, Inc.

AKIN, Justice.

This is an appeal by Metroplex Glass Center, Inc., from a summary judgment in favor of its lessor, Vantage Properties, Inc., for unpaid rentals under a lease. The principal question presented is whether Metro-plex’s response to Vantage’s motion for summary judgment raises fact issues with respect to the Lessee’s affirmative defenses. Since the Lessee’s response incorrectly asserted that the movant had the burden of proof to negate its affirmative defenses, and also failed to include the proper summary judgment proof to support the affirmative defenses, the response to the motion…