When an order granting a rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of a rule 91a dismissal must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Davis, 2023 WL 3735115, at *2; Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.).
When an order granting a rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of a rule 91a dismissal must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Lopez v. Sunstate Equip. Co. LLC, No. 05-21-00100-CV, 2022 WL 3714496, at *5 (Tex. App.-Dallas Aug. 29, 2022, pet. abated) (mem. op.); Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.- Dallas Aug. 21, 2019, pet. denied) (mem. op.). ANALYSIS
When, as here, an order granting a Rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of the order "must negate the validity of each ground" on which the trial court could have granted the motion. Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.). "A written order that does not specify grounds controls over any oral pronouncement made by the court during the hearing."
[4] When an order granting a rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of a rule 91a dismissal must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Lopez v. Sunstate Equip. Co. LLC, No. 05-21 -00100-CV, 2022 WL 3714496, at *5 (Tex. App.—Dallas Aug. 29, 2022, pet. abated) (mem. op.); Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.—Dallas Aug. 21, 2019, pet. denied) (mem. op.). [5] A cause of action has no basis in fact "if no reasonable person could believe the facts pleaded."
We review a trial court's decision to grant a protective order for an abuse of discretion. Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *5 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.). A trial court abuses its discretion by limiting discovery in the absence of some evidence supporting the request for a protective order.
For reversal of a Rule 91a dismissal, an appellant must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.)
When a trial court dismisses a claim under Rule 91a but does not specify the grounds for dismissal, an appellant challenging the trial court's order must negate the validity of each ground on which the trial court could have based its decision. Buholtz v. Gibbs , No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.—Dallas Aug. 21, 2019, pet. denied) (mem. op.). B. Plea to the Jurisdiction
Therefore, Cooper has not negated at least one valid ground on which the trial court could have relied in granting rule 91a dismissal on each of his claims. See Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.). We affirm the trial court's judgment.
When an order granting a rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of a rule 91a dismissal must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.)
When an order granting a rule 91a motion to dismiss does not specify the grounds for dismissal, an appellant seeking reversal of a rule 91a dismissal must negate the validity of each ground on which the trial court could have relied in granting the dismissal. Buholtz v. Gibbs, No. 05-18-00957-CV, 2019 WL 3940973, at *3 (Tex. App.-Dallas Aug. 21, 2019, pet. denied) (mem. op.)