Being that it filed a traditional motion for summary judgment, Germania had the burden to prove the absence of any genuine issue of material fact and its entitlement to judgment as a matter of law. First United Pentecostal Church of Beaumont v. Parker, 514 S.W.3d 214, 220 (Tex. 2017); Mad-Mag Dev., L.L.C. v. Cargle, No. 07-16-00132-CV, 2017 Tex. App. LEXIS 5891, at *1 (Tex. App.—Amarillo June 26, 2017, no pet.) (mem. op.). In deciding if it carried that burden, we accept as true all evidence favorable to the nonmovant (i.e., Hall) and indulge in every reasonable inference and resolve all doubts regarding the evidence in the nonmovant's favor.
One asserting an affirmative defense (like fraud) to defeat an opponent's summary judgment motion must present evidence sufficient to create an issue of material fact on each element of the defense. Mad-Mag Dev., LLC v. Cargle, No. 07-16-00132-CV, 2017 Tex.App. LEXIS 5891, at *4-5 (Tex. App.-Amarillo June 26, 2017, no pet.) (mem. op.).