Westchester Fire Insurance Co. v. Alvarez

DENTON, Justice.

The question in this case is whether the specificity requirement in Texas Rules of Civil Procedure 166-A(c) is waived by failure to except to the motion for summary judgment prior to rendition of judgment.

The trial court granted defendant, West-chester Fire Insurance Company, a summary judgment which ordered that plaintiff, Esperanza Alvarez, take nothing and that Westchester Fire Insurance Company take the $10,000 deposited in the registry of the court. The court of civil appeals held that the motion for summary judgment did not state the specific grounds for such judgment.…