Postive Feed, Inc. v. Guthmann

MAJORITYOPINION

TIM TAFT, Justice.

Postive Feed, Inc. (Postive),1 appeals a no-evidence summary judgment granted on the motion of appellee, Marcus Guth-mann. The underlying suit is an attempt by Postive to recover costs, from a prior unemployment action, from which the Labor Code exempts employees. We address whether the trial erred: (1) by granting the summary judgment without permitting Postive an opportunity to amend its pleadings; (2) by granting summary judgment on the merits; and (3) by granting summary judgment on issues not addressed in the motion and by shifting the burden of proof. We…