Prewitt and Sampson v. City of Dallas

I dissent. The majority enacts new legislation in order to arrive at an “equitable” result. The entire cause should be remanded to the trial court because genuine issues of material fact exist as to Prewitt’s counterclaim.

The record reflects that the City moved for summary judgment only on its own cause of action; the City did not contest Prewitt’s counterclaim in any way. Nor did Prewitt raise its counterclaim in its response to the City’s summary judgment motion. The judgment, however, without explicitly mentioning the counterclaim, disposes of it by reciting, “All relief requested and not…