Opinion
No. 05-11-00621-CV
08-28-2012
DAVID EOFF, Appellant v. AHERN RENTALS, INC., Appellee
REVERSE and REMAND;
On Appeal from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-10-06023-E
MEMORANDUM OPINION
Before Moseley, Lang-Miers, and Murphy
Opinion By Justice Moseley
David Eoff appeals a summary judgment rendered against him and in favor of Ahern Rentals, Inc. He asserts, among other things, that the motion did not expressly state the specific grounds on which it was made. The background and facts of the case are well-known to the parties; thus, we do not recite them here in detail. Because all dispositive issues are settled in law, we issue this memorandum opinion. Tex. R. App. P. 47.2(a), 47.4. We reverse the trial court's judgment and remand the case for further proceedings.
A traditional motion for summary judgment must state "the specific grounds therefor." Tex. R. Civ. P. 166a(c); see also Fed. Deposit Ins. Corp. v. Lenk, 361 S.W.3d 602, 609 (Tex. 2012) ("[C]ourtcannot grant summary judgment on grounds that were not presented." (Citation omitted)); McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337, 339 (Tex. 1993) (motion must expressly present grounds for summary judgment). "Grounds" refers to the reasons entitling the movant to summary judgment. McConnell, 858 S.W.2d at 339 n.2. We "cannot read between the lines, infer or glean from the pleadings or the proof any grounds for granting the summary judgment other than those grounds expressly set forth before the trial court." Id. at 343 (citation omitted). Additionally, when a plaintiff moves for summary judgment, it must prove it is entitled to judgment as a matter of law on each element of its cause of action. Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 222-23 (Tex. 1999).
Ahern's motion includes four sections: "Evidence," "Facts," "Affidavits," and "Prayer and Request for Relief." However, the motion does not state the grounds on which it is made. It does not identify the alleged cause(s) of action on which it seeks summary judgment, or identify the elements of such cause(s) of action. Ahern claims on appeal that "[t]he ground presented in Ahern's summary judgment motion is contained in Ahern's pleadings." However, the grounds must be set forth in the motion itself, not in the pleadings. McConnell, 858 S.W.2d at 341, 343.
Because Ahern's motion fails to present to the trial court the "specific grounds" for granting summary judgment, the motion is insufficient and cannot support summary judgment. See Tex. R. Civ. P. 166a(c); Lenk, 361 S.W.3d at 609; McConnell, 858 S.W.2d at 342.
Accordingly, we reverse the trial court's judgment and remand this case for further proceedings.
Because we sustain Eoff's second issue, which necessitates remanding this case to the trial court for further proceedings, we do not consider Eoff's first, third, or fourth issues. See Tex. R. App. P. 47.1.
JIM MOSELEY
JUSTICE
110621F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DAVID EOFF, Appellant
V.
AHERN RENTALS, INC., Appellee
No. 05-11-00621-CV
Appeal from the 101st Judicial District Court of Dallas County, Texas. (Tr.Ct.No. Cause No. DC-10-06023-E).
Opinion delivered by Justice Moseley, Justices Lang-Miers and Murphy participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is REVERSED and this cause is REMANDED to the trial court for new trial. It is ORDERED that appellant David Eoff recover his costs of this appeal from appellee Ahern Rentals, Inc.
Judgment entered August 28, 2012.
JIM MOSELEY
JUSTICE