Summary
In Brooks v. Highland Resources, Inc., 446 S.W.2d 6 (Tex. 1969) the Supreme Court disapproved a holding of the Court of Civil Appeals that the requirements of Rule 418 T.R.C.P. were not met by points reading: "First point of error the Honorable Trial Court erred in granting the motion for a summary judgment" and "Third point of error the Honorable Trial Court erred in dismissing the counter-claim of the defendant and cross-plaintiff."
Summary of this case from Regal Con. v. HanselOpinion
No. B-1600.
October 1, 1969.
Appeal from District Court No. 61, Harris County; Blanton, Judge.
Ted Musick, Houston, for petitioner.
Monteith, Baring Monteith, Charles A. Nester, Houston, for respondent.
ON APPLICATION FOR WRIT OF ERROR
The Court of Civil Appeals had held that petitioner's first and third points of error in that court do not comply with the requirements of Rule 418, Texas Rules of Civil Procedure. 440 S.W.2d 401. We do not agree with this holding. After a careful examination of the briefs in the intermediate court, however, it is our opinion that the points mentioned are without merit. The application for writ of error is accordingly
Refused, no reversible error.