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Mad-Mag Dev., LLC v. Cargle
No. 07-16-00132-CV (Tex. App. Jun. 26, 2017)2 Citing cases
Hall v. Germania Farm Mut. Ins. Ass'n
No. 07-16-00304-CV (Tex. App. Oct. 13, 2017) Cited 9 times 1 Legal AnalysesRecognizing that an appraisal award made under the provisions of an insurance contract is binding and enforceable and that tendering the full amount owed pursuant to the conditions of an appraisal clause is all that is required to estop the insured from raising a breach of contract claim
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.
L. T. Runels v. Tax Loans U.S., Ltd.
No. 07-22-00130-CV (Tex. App. Aug. 24, 2023) Cited 1 timesOne 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.).