G & H Towing Co. v. Magee, 347 S.W.3d 293 (Tex. 2011). · Go Syfert
G & H Towing Co. v. Magee, 347 S.W.3d 293 (Tex. 2011). Cases Citing This Book View Copy Cite
621 citation events (621 in the last 25 years) across 6 distinct courts.
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examined Cited as authority (verbatim quote) Brandy L. Liss, Independent of the Estate of Mary Jane, Travis James and Bay Area Shooter's Center LLC v. Cushman & Wakefield of Texas, Inc., Edward Nowokedim Tin Ho Tsang and Cyril Chiosa (6×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on 45 a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.
examined Cited as authority (verbatim quote) Adam McNitt v. Lakeline Crossing Phase 2 LP and AVBH Lakeline Crossing, LLC (2×) also: Cited as authority (rule)
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
although a trial court errs in granting a summary judgment on a cause of action expressly presented by written motion, we agree that the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.
discussed Cited as authority (verbatim quote) Texas Crude Energy, LLC v. Burlington Resources Oil & Gas Company, LP
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
summary judgments, however, may 19 only be granted upon grounds expressly asserted in the summary judgment motion.
discussed Cited as authority (verbatim quote) Oncor Electric Delivery Company NTU LLC v. Young Central Appraisal District and Young County Appraisal Review Board
Tex. App. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
when a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final and appealable.
examined Cited as authority (verbatim quote) Laurel Wendt v. Evalyn Wendt Moore, Amilee Wendt, and Jackie Wendt Martin (6×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.
discussed Cited as authority (verbatim quote) John M. Bacsik, III, Charlie Michel Bacsik, and Emily Bacsik v. Tax Rescue II, LLC
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
when a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final and appealable.
discussed Cited as authority (verbatim quote) Debra Gilder, Independent Administrator of the Estate of Johnny Allen Gilder, Sr. v. Cecil Boykin, Henry Chavez, Christina Chavez, Andres Alvarado, and Diana Francisco (2×) also: Cited "see, e.g."
Tex. App. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
summary judgments, however, may only be granted upon grounds expressly asserted in the summary judgment motion.
discussed Cited as authority (verbatim quote) James Piot and Marilee Piot v. Allstate Vehicle and Property Insurance Company, Chris Whitmire, and Michael Patterson
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
summary judgments, however, may only be granted upon grounds expressly asserted in the summary judgment motion.
discussed Cited as authority (verbatim quote) Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar International Transportation Corp., International Truck and Engine Corporation and Santex Truck Centers, Ltd.
Tex. App. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.
examined Cited as authority (verbatim quote) Michael Steve Rush v. Craig W. Johnson, Individually, and Craig W. Johnson Enterprises, Inc. D/B/A Texas Hydraulics and Pneumatics (2×) also: Cited as authority (rule)
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
although a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion, we agree that the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.
discussed Cited as authority (verbatim quote) Fred Cox, Sr v. Allen Samuels Chevrolet and Allen Samuels
Tex. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final and appealable.
discussed Cited as authority (verbatim quote) Christopher Caviness v. High Profile Promotions, Inc.
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
the harmless-error rule applies to all errors.
discussed Cited as authority (verbatim quote) Unity Friendship Baptist Church v. Walton Homes LLC
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.
discussed Cited as authority (verbatim quote) Rainier Southlake DST, a Delaware Statutory Trust Rainier DST Services, LLC, in Its Capacity as Signatory Trustee for Rainier Southlake DST, a Delaware Statutory Trust And Rainier Capital Management, LP v. Woodbury Strategic Partners Fund, LP and Lago Del Sur, LLC
Tex. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary-judgment motion therefore is, as a general rule, reversible error.
discussed Cited as authority (verbatim quote) Bethlyn Krakauer, Andrew B. Baron, David C. Barski, David K. Bennett, Mark A. Brown, Walter Burgess, Leigh A. Chura, William L. Fortune, III, American Direct Merchant Systems, Inc., Gary and Jane Holcombe v. Wells Fargo Bank, N.A., Wells Fargo Bank South Central, N.A., Wells Fargo Financial Bank, and Wells Fargo Financial Texas, Inc. (2×) also: Cited "see"
Tex. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.
discussed Cited as authority (verbatim quote) Union Pacific Railroad Company v. Charles Seber and Barbara Seber
Tex. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion.
examined Cited as authority (verbatim quote) James Scott Trimm and Wife Ingrid Trimm v. U.S. Bank, National Association, as Trustee of J.P. Morgan Mortgage Acquisition Corp. 2005-Opt1 (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
granting a summary judgment on a claim not addressed in the summary judgment motion . . . is, as a general rule, reversible error.
discussed Cited as authority (verbatim quote) Robert Masterson, Mark Brown, George Butler, Charles Westbrook, Richey Oliver, Craig Porter, Sharon Weber, June Smith, Rita Baker, Stephanie Peddy, Billie Ruth Hodges, Dallas Christian, and the Episcopal Church of the Good Shepherd v. the Diocese of Northwest Texas, the Rev. Celia Ellery, Don Griffis, and Michael Ryan
Tex. · 2013 · quote attribution · 1 verbatim quote · confidence high
summary judgments, however, may only be granted upon grounds expressly asserted in the summary judgment motion.
discussed Cited as authority (verbatim quote) Business Product Supply v. Marlin Leasing Corporation
Tex. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
generally, a master is vicariously liable for the torts of its servants committed in the course and scope of their employment.
discussed Cited as authority (verbatim quote) Lawrence S. Oleksy v. Farmers Insurance Exchange
Tex. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
summary judgments . . . 11 may only be granted upon grounds expressly asserted in the summary judgment motion.
discussed Cited as authority (quoted) Dan Debin and Jackie Debin v. Ashby Signature Homes, LLC;, Norman Ashby, and LCD Lending, LLC (2×) also: Cited "see"
Tex. App. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the harmless-error rule applies to all errors.
examined Cited as authority (quoted) In the Estate of William B. Booth v. the State of Texas
Tex. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of a summary judgment is to 'provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of material fact.
examined Cited as authority (quoted) Rodney A. Hurdsman v. Wise County Sheriff Deputies: James Mayo, Clint Caddell, Chad Lanier, Christopher Hodges, and Hightower Wise County Judges: Melton Cude and Craig Johnson And the County of Wise, Texas
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence low
the purpose of a summary judgment is to 'provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of material fact.
examined Cited as authority (quoted) Estate of Glenda Rhoades (2×) also: Cited "see"
Tex. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of a summary 14 judgment is to 'provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of material fact.
examined Cited as authority (quoted) Tetra Tech, Inc. v. NSAA Investments Group, LLC
Tex. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of a summary judgment is to 'provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of material fact.
examined Cited as authority (quoted) Jeffrey Powers and Linsey Powers v. Robert and Betty Parsons
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence low
although a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion, we agree that the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.
examined Cited as authority (quoted) Tommy League, Jr. and Denise M. League v. American Home Mortgage Servicing Inc. Codilis & Stawiarski And HSBC Bank USA, National Association as Trustee for SG Mortgage Securities Trust 2005-Opt1 Asset Backed Certificates, Series 2005-Opt1 (2×) also: Cited as authority (rule)
Tex. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purpose of a summary judgment is to 'provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of material fact.
discussed Cited as authority (rule) Jim S. Adler, P.C. D/B/A Jim Adler & Associates v. Francisco Martinez as Next Friend of Claudia Ortiz, an Incapacitated Person
txctapp2 · 2026 · confidence medium
Discussion A summary judgment “may only be granted upon grounds expressly asserted in the summary[-]judgment motion,” and granting a summary judgment on a claim not addressed in the motion “is, as a general rule, reversible error.” G&H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011); see McConnell v. Southside Indep.
discussed Cited as authority (rule) Rosa Arreola and Carlos Padilla, Husband and Wife v. Sammy Brown, Ryder Mitchell Jensen and Alison Margaret Jensen, Husband and Wife, and All Those Having an Interest in the Property Located at 7404 Glen Haven Drive, 76133-7704 (2×) also: Cited "see"
txctapp2 · 2026 · confidence medium
A judgment that grants more relief than a party is entitled to is erroneous and subject to reversal—but “only those portions of the judgment based on harmful error.” G & H Towing Co. v. Magee, 347 S.W.3d 293, 298 (Tex. 2011); see Lehmann, 39 S.W.3d at 200 .
cited Cited as authority (rule) Madina Petroleum, LLC v. Sunbelt Rentals, Inc.
txctapp10 · 2026 · confidence medium
P. 166a(c); G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011).
cited Cited as authority (rule) South Texas Wastewater, LLC v. Valley Dewatering Services, Inc.
Tex. App. · 2025 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011); Jones v. Coppinger, 642 S.W.3d 51 , 64 (Tex. App.—El Paso 2021, no pet.). 10 legally expressed agreement thereto.”).
examined Cited as authority (rule) Mihail Chrissos A/K/A Mihail Chryssos and Maria Chrissos A/K/A Maria Chryssos v. PlainsCapital Bank (3×) also: Cited "see"
Tex. App. · 2025 · confidence medium
G&H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (per curiam); see TEX.
discussed Cited as authority (rule) Marilyn D. Garner, Chapter 7 Trustee of the Bankruptcy Estate of J&D Restaurant Group, LLC v. Jack in the Box Inc. and Jack in the Box Eastern Division L.P. (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011); see Tex. R.
discussed Cited as authority (rule) Tammy Tran and Tammy Tran Attorneys at Law, L.P. and Intervenor Adam Tran v. Tony Buzbee (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 298 (Tex. 2011) (per curiam); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001).
discussed Cited as authority (rule) In the Estate of Mitchell Boyd Wilson v. . (2×) also: Cited "see"
Tex. App. · 2025 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011). - 17 - 04-24-00191-CV As to Tamara’s contentions, we begin by noting that Tamara’s claim to Rebel stock was nonsuited by the plaintiff herself, so it is not at issue.
discussed Cited as authority (rule) Stormie Callaway, Trustee of the Edgar Pagett Callaway Revocable Living Trust, and Stormie Callaway, of the Estate of Edgar \Pat'' Pagett Callaway v. Elise H. Pigg (2×) also: Cited "see"
unknown court · 2025 · confidence medium
App. P. 44.1(a)(1); G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) . . . ; Blackstone, 470 S.W.3d at 648–49.
discussed Cited as authority (rule) Farm and Ranch Freedom Alliance v. the Texas Department of Agriculture and Sid Miller, in His Official Capacity as Commissioner
Tex. App. · 2025 · confidence medium
App. P. 44.1(a) (harmless-error rule); G&H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (before reversing judgment because of legal error, reviewing court must find that such error amounted to such denial of appellant’s rights as was reasonably calculated to cause and probably did cause rendition of improper judgment or that such error probably prevented appellant from properly presenting case on appeal).
discussed Cited as authority (rule) Jessica Abreu v. Rabago Home Investments LLC
Tex. App. · 2025 · confidence medium
P. 166a(c) (“The motion for summary judgment shall state the specific grounds therefor.”); G & H Towing Co. v. McGee, 347 S.W.3d 293, 297 (Tex. 2011); see also State Farm Lloyds v. Page, 315 S.W.3d 525, 532 (Tex. 2010) (“Summary judgment may not be affirmed on appeal on a ground not presented to the trial court in the motion.”).
discussed Cited as authority (rule) Inwood National Bank and Inwood Bancshares, Inc. v. D. Kyle Fagin, Individually and as Trustee and Beneficiary of the D. Kyle Fagin Qualified Subchapter S Trust
Tex. · 2025 · confidence medium
Yet we have said that, while “a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion, . . . the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.” G & H Towing Co. v. Magee, 347 S.W.3d 293, 297-98 (Tex. 2011); see also, e.g., Endeavor Energy Res., L.P. v. Cuevas, 593 S.W.3d 307 , 312 (Tex. 2019) (holding trial court’s grant of summary judgment on an unaddressed claim was harmless error when the ground on which summary judgment was sought “applie[d] equally” …
discussed Cited as authority (rule) L.T. Runels, Jr. v. Tax Loans USA, Ltd.
Tex. App. · 2024 · confidence medium
And, since the setting there involved the review of a summary judgment, we 6 could only address the grounds mentioned within the motion. 3 G & H Towing Co. v. Magee, 347 S.W.3d 293, 296-97 (Tex. 2011).
discussed Cited as authority (rule) In Re Connie Cobb as a Substitute Trustee v. the State of Texas
Tex. App. · 2024 · confidence medium
Amendment is not required “when the omitted cause of action is precluded as a matter of law by other grounds raised in the case,” G & H Towing Co. v. Magee, 347 S.W.3d 293, 298 (Tex. 2011) (per curiam), or when (1) the amended petition essentially reiterates previously 20 pleaded causes of action, (2) a ground asserted in the motion for summary judgment conclusively negates a common element of the newly and previously pleaded claims, or (3) the original motion is broad enough to encompass the newly asserted claims.
discussed Cited as authority (rule) Juan Flores and Sayra Flores, Individually and as Next Friends of L.F., S.F. and P.F., Minors v. Oncor Electric Delivery Company, LLC, Energy Future Holdings Corp., Oncor Electric Delivery Administration Corp., and Dru Thomson (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
However, “the harmless error rule states that before reversing a judgment because of an error of law, the reviewing court must find that the error amounted to such a denial of the appellant’s rights as was reasonably calculated to cause and probably did cause ‘the rendition of an improper judgment’ or that the error –14– ‘probably prevented the appellant from properly presenting the case [on appeal].’” G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (per curiam) (quoting TEX.
discussed Cited as authority (rule) In the Estate of Emily D. Prieto v. . (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
“Granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error.” G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011); Wilson v. Davis, 305 S.W.3d 57, 73 (Tex. App.—Houston [1st Dist.] 2009, no pet.). - 11 - 04-22-00038-CV On appeal, Victor acknowledges his summary judgment motion did not raise the defense of limitations as to the will contest claim, but he nevertheless contends the summary judgment should be affirmed because like the trust contest claim the will contest claim is barred by limitations.
discussed Cited as authority (rule) In the Interest of J.G.W. and C.J.W., Children v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
The harmless error rule states that, before reversing a judgment because of an error of law, the reviewing court must find that the error amounted to such a denial of the appellant’s rights as was reasonably calculated to cause and probably did cause declaratory relief and rendering final judgment and awarding attorney’s fees to defendant, without incorporating interlocutory summary judgment into final judgment). 4 Jeremy necessarily concedes as much in his fifth issue on appeal where he challenges the trial court’s directed verdict on his petition for modification. 7 “the rendition of…
cited Cited as authority (rule) L. Johnson v. Jeffrey A. Vitt, Christopher M. Jacobs, and Above & Beyond Plumbing Services, LLC
Tex. App. · 2024 · confidence medium
See id. 44.1(a);6 G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (Rule 44.1(a) “applies to all errors”).
examined Cited as authority (rule) U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust v. Garson B. Silvers, Zeons, Inc., Athas Capital Group, Inc., Rama Fund, LLC, White Glass Lending, LLC, AMF Holdings, LLC, Seabrook Capital LLC (3×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2024 · confidence medium
We agree.5 “The purpose of a summary judgment is to ‘provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of fact.’” G & H Towing Co. v. Magee, 347 S.W.3d 293, 296-97 (Tex. 2011) (quoting Gaines v. Hamman, 358 S.W.2d 557, 563 (1962)).
discussed Cited as authority (rule) Willow Tree Consulting Group, LLC, Liquidating Trustee of the TH Liquidating Trust v. Perkins Coie LLP and Perkins Coie LLC (2×)
Tex. App. · 2024 · confidence medium
“The harmless error rule states that before reversing a judgment because of an error of law, the reviewing court must find that the error amounted to such a denial of the appellant’s rights as was reasonably calculated to cause and probably did cause ‘the rendition of an improper judgment,’ or that the error ‘probably prevented the appellant from properly presenting the case [on appeal].’” G & H Towing Co. v. –15– Magee, 347 S.W.3d 293, 297 (Tex. 2011) (quoting TEX.
cited Cited as authority (rule) Carol Shaw v. Bishop Airfield Ranch, LLC
Tex. App. · 2024 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (per curiam).
discussed Cited as authority (rule) Charles J. Hughes v. Tom Green County
Tex. App. · 2023 · confidence medium
A trial court “errs in granting summary judgment on a cause of action not expressly presented by written motion.” Endeavor Energy Res., L.P. v. Cuevas, 593 S.W.3d 307 , 312 (Tex. 2019) (citing G&H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011) (per curiam)).
cited Cited as authority (rule) Janet Oloyede and Olu Oloyede v. Citizens Bank, N.A.
Tex. App. · 2023 · confidence medium
G & H Towing Co. v. Magee, 347 S.W.3d 293, 297 (Tex. 2011).
Retrieving the full opinion text from the archive…
G & H TOWING COMPANY, Et Al., Petitioners,
v.
Cory Wayne MAGEE, Et Al., Respondents
10-0145.
Texas Supreme Court.
Aug 26, 2011.
347 S.W.3d 293
J. Mike Johanson, Chris M. Volf, Johan-son & Fairless, L.L.P., Sugar Land, TX, for G & H Towing Company., Kathryn V. Smyser, Kathryn Smyser PLLC, Benjamin L. Hall III, Elizabeth B. Hawkins, Kimberly R. Bennett, The Hall Law Firm, Houston, TX, for Cory Wayne Magee., Jeffrey A. Fanaff, Acosta & Soule, Houston, TX, for William C. Colson.
Per Curiam.
Cited by 283 opinions  |  Published
4 passages pin-cited by 7 cases
Pinpoint authority: #9,245 of 633,719
Citer courts: Court of Appeals of Texas (7)
PER CURIAM.

This summary judgment appeal involves an employer’s liability for a tragic vehicular accident involving one of its employees. At the time of the accident, the employee had left work and was driving a personal[*295] vehicle that he borrowed from a co-worker. The representatives of the decedent-occupants of the other vehicle sued the employer, alleging negligence, negligent hiring, and negligent entrustment. These plaintiffs also sued the co-worker, alleging negligent entrustment, and the employee, alleging negligence. Both the employer and the co-worker obtained summary judgments, which after severance orders, the plaintiffs appealed.

The court of appeals affirmed the coworker’s summary judgment, concluding that as a matter of law the co-worker had not negligently entrusted his vehicle to the other employee. 312 S.W.3d 807, 809, 812 (Tex.App.-Houston [1st Dist.] 2009). The court of appeals, however, reversed the employer’s summary judgment because its summary judgment motion did not specifically address one of the plaintiffs’ claims: the claim that the employer was vicariously liable for its agent’s (the co-worker’s) negligent entrustment. Id. at 810-11. Concluding that the employer’s summary judgment granted more relief than requested, the court remanded the case against the employer without considering the plaintiffs’ other claims or the employer’s related grounds for summary judgment. Id. at 813.

Because an employer cannot be vicariously liable in tort when its agent or employee has not engaged in tortious conduct, we conclude that the court of appeals erred in remanding the vicarious liability claim while simultaneously holding that the employee had not committed a tort. We reverse the court of appeals’ judgment and remand the cause to that court for consideration of the other grounds for summary judgment.

William Colson and Joseph Violante were employed by G & H Towing as tugboat quartermasters. They worked on the same tugboat, but they were on different schedules. One would work for several days and then be relieved by the other, who then worked for a similar period. Because the tugboats did not have a regular route that allowed each man to return to the place he began his shift, the men would loan their personal vehicles to one another to drive home at the end of a shift. Whether G & H required or endorsed this practice was disputed.

As was their custom, Violante borrowed Colson’s vehicle at the end of one shift and drove himself home. Some time later, Violante drove Colson’s vehicle to a bar at which he became inebriated. After leaving the bar, Violante was involved in a collision that killed Douglas and Lois Magee. Viol-ante was subsequently convicted of intoxication manslaughter.

The Magees’ adult children (the Magees) sued Violante, Colson, G & H Towing, and others connected to the bar, asserting theories of negligence, negligent hiring, and negligent entrustment. The claims against G & H were both direct and vicarious. Regarding the latter, the Magees asserted that G & H was vicariously liable for Colson’s negligent entrustment of his vehicle to Violante because Colson was acting as G & H’s employee and agent at the time. The Magees further asserted that Colson had a duty to make inquiry about Violante’s competence as a driver because G & H had a company policy of checking the driving records of employees who would be driving in the course of their employment.

G & H Towing filed a motion for summary judgment, which the trial court granted, rendering an interlocutory take-nothing summary judgment. The Magees thereafter moved to sever their claims against G & H from the remainder of the case, and the trial court granted the motion making the summary judgment a final, appealable order. Colson also filed a[*296] motion for summary judgment, which the trial court similarly granted and then severed, making Colson’s take-nothing summary judgment final. The Magees appealed both summary judgments.

The Magees moved to consolidate their two appeals, but the court of appeals denied the motion. The court also declined to hear oral argument in either case. G & H contended on appeal that its motion for summaiy judgment encompassed the issue of its vicarious liability for Colson’s actions. In the alternative, G & H urged that even if its motion omitted this issue, the trial court’s error in granting final summaiy judgment on the omitted issue was nevertheless harmless because of the court’s determination that Colson had not negligently entrusted his vehicle to Viol-ante. G & H reasoned that if Colson did not negligently entrust his vehicle, G & H could not be vicariously liable for negligent entrustment.

Although the appeals remained separate, the court discussed their respective merits in a single opinion. 312 S.W.3d at 809. In separate judgments, the court affirmed Colson’s take-nothing summary judgment but reversed and remanded the summaiy judgment favoring G & H Towing. Id. at 813.

The court of appeals concluded that the trial court correctly granted Colson’s no-evidence summary judgment because there was no evidence of at least one element of the Magees’ negligent entrustment claim against him. Id. at 812. The court accordingly affirmed Colson’s summary judgment, and the Magees have not appealed that judgment.

The court further concluded that the trial court had erred in rendering a take-nothing summary judgment in favor of G & H Towing because G & H’s motion for summary judgment failed to address the Magees’ claim that G & H was vicariously liable for Colson’s negligent entrustment of his vehicle to Violante. Id. at 810-11. G & H’s summaiy judgment motion addressed its direct responsibility for allegedly entrusting the vehicle to Violante, but the motion did not also address its alleged vicarious liability for Colson’s negligent en-trustment. Because of this omission, the court of appeals held the motion to be “legally insufficient as a matter of law in regard to that ground.” Id. at 811 (citing McConnell v. Southsi.de Indep. Sch. Dish, 858 S.W.2d 337, 342 (Tex.1993)). The court, with one justice dissenting, reversed the summary judgment and remanded the cause without considering the other grounds raised in the motion for summary judgment. Id. at 813.

G & H Towing again argues here that any error in granting summary judgment on this vicarious liability claim was harmless in light of the court’s conclusion that there was no evidence to support the Magees’ negligent entrustment claim against Colson. Generally, a master is vicariously liable for the torts of its servants committed in the course and scope of their employment. GTE Sw., Inc. v. Bruce, 998 S.W.2d 605, 617 (Tex.1999). But having concluded as a matter of law that its alleged agent, Colson, did not commit the tort of negligent entrustment, G & H submits that the trial court’s error is harmless and that remanding the vicarious liability claim is a meaningless gesture because its liability is derivative of Colson’s. See Knutson v. MoHon Foods, Inc., 603 S.W.2d 805, 807 n. 2 (Tex.1980) (noting “that where the employer’s liability rests solely on respondeat superior, an adjudication acquitting the employee of negligence will [bar] a subsequent suit against the employer”).

The purpose of a summary judgment is to “provide a method of summarily[*297] terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of fact.” Gaines v. Hammam, 163 Tex. 618, 358 S.W.2d 557, 563 (1962). Summary judgments, however, may only be granted upon grounds expressly asserted in the summary judgment motion. Tex.R. Civ. P. 166a(c); see also McConnell, 858 S.W.2d at 341 (holding that a motion for summary judgment must expressly present grounds on which it is made). Granting a summary judgment on a claim not addressed in the summary judgment motion therefore is, as a general rule, reversible error. Chessher v. Sw. Bell Tel. Co., 658 S.W.2d 563, 564 (Tex.1983) (per curiam).

Several appellate courts have recognized a limited exception to this general rule. These courts have affirmed summary judgments, even though the underlying motion omitted one of multiple causes of action, when the omitted ground was intertwined with, and precluded by, a ground addressed in the motion. See, e.g., Zarzosa v. Flynn, 266 S.W.3d 614, 621 (Tex.App.-El Paso 2008, no pet.) (holding reversal would be meaningless because questioned recovery precluded as a matter of law); Withrow v. State Farm Lloyds, 990 S.W.2d 432, 437-38 (Tex.App.-Texarkana 1999, pet. denied) (same); Vogel v. Travelers Indem. Co., 966 S.W.2d 748, 754-55 (Tex.App.-San Antonio 1998, no pet.) (same); Cissne v. Robertson, 782 S.W.2d 912, 918 (Tex.App.-Dallas 1989, writ denied) (same). One authority states the exception as follows: “If the defendant has conclusively disproved an ultimate fact or element which is common to all causes of action alleged, or the unaddressed causes of action are derivative of the addressed cause of action, the summary judgment may be affirmed.” Timothy Patton, Summary Judgments in Texas: Practioe, Procedure and Review § 3.06[3] at 3-20 (3d ed.2010) (collecting cases).

Although the court of appeals did not apply this exception here, it has previously recognized it. In fact, a different panel of the court surveyed the Texas decisions discussing this limited exception and wrote the following just a few months before the decision in this case:

[Sjome courts of appeals, including our own, have recognized a very limited exception to the general rule. Although the exception’s application has been expressed in various ways, it can be reduced to two: (1) when the movant has conclusively proved or disproved a matter (usually corresponding to a claim’s element or to an affirmative defense) that would also preclude the unaddressed claim as a matter of law or (2) when the unaddressed claim is derivative of the addressed claim, and the movant proved its entitlement to summary judgment on that addressed claim. For the exception to apply, this Court has always required a very tight fit between what was proved or disproved in the motion and what elements the unaddressed claim, as it was alleged, required: otherwise, the exception could swallow the rule.

Wilson v. Davis, 305 S.W.3d 57, 73 (Tex.App.-Houston [1st Dist.] 2009, no pet.) (internal footnotes omitted).

The harmless error rule states that before reversing a judgment because of an error of law, the reviewing court must find that the error amounted to such a denial of the appellant’s rights as was reasonably calculated to cause and probably did cause “the rendition of an improper judgment,” or that the error “probably prevented the appellant from properly presenting the case [on appeal].” Tex.R.App. P. 44.1(a). The rule applies to all errors. Lorusso v. Members Mut. Ins. Co., 603 S.W.2d 818, 819-20 (Tex.1980). Although[*298] a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion, we agree that the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case. See, e.g., Withrow, 990 S.W.2d at 437-38 (affirming summary judgment on cause of action not specifically addressed in movant’s motion where reversing the summary judgment would be meaningless because omitted cause of action was precluded as a matter of law); cf. Mercedes-Benz Credit Corp. v. Rhyne, 925 S.W.2d 664, 667 (Tex.1996) (holding that wrongful denial of jury trial is harmful error only when the case contains a question of material fact). The undisputed facts and Col-son’s final judgment establish that Colson did not negligently entrust his vehicle. G & H therefore cannot have vicarious liability for negligent entrustment because its agent did not commit the tort.

When a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final and appealable. See Bandera Elec. Coop. v. Gilchrist, 946 S.W.2d 336, 337 (Tex.1997) (per curiam). The court of appeals should treat such a summary judgment as any other final judgment, considering all matters raised and reversing only those portions of the judgment based on harmful error. Page v. Getter, 941 S.W.2d 101,102 (Tex.1997) (per curiam). Because the court of appeals did not follow this procedure, we grant the petition for review and, without hearing oral argument, reverse the court of appeals’ judgment and remand the case to that court for further proceedings. See Tex.R.App. P. 59.1.