Legal Opinion · Dissent

Johnson v. Americana Motel

Court of Appeals of Texas

Decided June 30, 1980No. 16343Published

1DissentCadena, Chief Justice

I would affirm.

Defendant’s motion for summary judgment was supported by an affidavit unequivocally and categorically asserting that defendant had neither ordered nor received the goods in question from plaintiff and that defendant owed plaintiff nothing. Plaintiff filed no controverting affidavits, nor did he attempt to obtain a delay to enable him to secure controverting summary judgment evidence. Under these circumstances, the trial court correctly granted defendant’s motion for summary judgment. Lazidis v. Goidl, 564 S.W.2d 453, 456 (Tex.Civ.App.-Dallas 1978, no writ); Pleasant v. Johnson,…

2Cases cited3 opinions

  1. Hidalgo v. Surety Savings and Loan AssociationTexas Supreme Court · 1971
  2. Lazidis v. GoidlCourt of Appeals of Texas · 1978
  3. Pleasant v. JohnsonCourt of Appeals of Texas · 1963

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