E.B. Smith Co. v. United States Fidelity & Guaranty Co.

OPINION

GILBERTO HINOJOSA, Justice.

E.B. Smith Co. (Smith) appeals from a summary judgment granted in favor of United States Fidelity & Guaranty Company (USF & G). By two points of error, Smith asserts that the trial court erred by granting the summary judgment because, based upon the evidence presented to the trial court, genuine issues of material fact exist. Before addressing Smith’s points of error, we must determine whether Smith’s response and summary judgment evidence from unfiled depositions were before the trial court at the time it rendered summary judgment. We reverse the trial…