non-movant challenge (Texas) · Go Syfert
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non-movant challenge in Texas

9 Texas opinions name it 3 courts 1980–2026 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Callaghan Ranch, Ltd. v. Killamgreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2003–2015
2 sentences

2015See Cuyler v. Minns, 60 S.W.3d 209, 213-214 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Callaghan Ranch, Ltd. v. Killam, 53 S.W.3d 1, 3 (Tex.App.-San Antonio 2000, pet. denied) (same).

2003See Cuyler v. Minns, 60 S.W.3d 209, 213-214 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Callaghan Ranch, Ltd. v. Killam, 53 S.W.3d 1, 3 (Tex.App.-San Antonio 2000, pet. denied) (same).

22
Cuyler v. Minnsgreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2003–2015
2 sentences

2015See Cuyler v. Minns, 60 S.W.3d 209, 213-214 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Callaghan Ranch, Ltd. v. Killam, 53 S.W.3d 1, 3 (Tex.App.-San Antonio 2000, pet. denied) (same).

2003See Cuyler v. Minns, 60 S.W.3d 209, 213-214 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Callaghan Ranch, Ltd. v. Killam, 53 S.W.3d 1, 3 (Tex.App.-San Antonio 2000, pet. denied) (same).

22
City of Houston v. Clear Creek Basin Authoritygreen
tex · 1979 · cited in 2 Texas opinions naming this issue, 1980–2026
2 sentences

2026See City of Hous. v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979) (even without filing a response, a non-movant may challenge for the first time on appeal the legal sufficiency of a motion for summary judgment).

1980Fantastic Homes, Inc. v. Combs, 596 S.W.2d 502 (Tex.1979); City of Houston v. Clear Creek Basin Authority, supra. In this appeal is the first time appellant has asserted the question of whether the deceased may have waived his worker’s compensation rights in favor of his common law right of action.

12
Zale Corporation v. Rosenbaumgreen
tex · 1975 · cited in 2 Texas opinions naming this issue, 2021–2023
2 sentences

2023Servicing, Inc., No. 04-16-00788-CV, 2017 WL 4014626 , at *3 (Tex. App.—San Antonio Sep. 13, 2017, pet. denied) (mem. op.); cf. Draughon, 631 S.W.3d at 89–92 (“distin[guishing] between pleas by the non-movant which challenge the existence of limitations, such as [the tolling statute], and those which do not challenge the limitations defense, but are affirmative defenses in the nature of confession and avoidance” and noting that, although the plaintiff bears the burden on both at trial, for the former, a defendant seeking summary judgment on limitations grounds bears the burden to negate the pl

2021In the latter instance, the non-movant does have the burden of raising a fact issue with respect to his affirmative defense.” Id. 55 Erikson v. Renda, 590 S.W.3d 557 , 563 (Tex. 2019); Diaz v. Westphal, 941 S.W.2d 96, 98 (Tex. 1997); Jennings v. Burgess, 917 S.W.2d 790, 793 (Tex. 1996). 56 235 S.W.3d at 215. 57 Id.

12
Garofolo v. Ocwen Loan Servicing, L.L.C.green
tex · 2016 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023Servicing, Inc., No. 04-16-00788-CV, 2017 WL 4014626 , at *3 (Tex. App.—San Antonio Sep. 13, 2017, pet. denied) (mem. op.); cf. Draughon, 631 S.W.3d at 89–92 (“distin[guishing] between pleas by the non-movant which challenge the existence of limitations, such as [the tolling statute], and those which do not challenge the limitations defense, but are affirmative defenses in the nature of confession and avoidance” and noting that, although the plaintiff bears the burden on both at trial, for the former, a defendant seeking summary judgment on limitations grounds bears the burden to negate the pl

11
Jennings v. Burgessgreen
tex · 1996 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021In the latter instance, the non-movant does have the burden of raising a fact issue with respect to his affirmative defense.” Id. 55 Erikson v. Renda, 590 S.W.3d 557 , 563 (Tex. 2019); Diaz v. Westphal, 941 S.W.2d 96, 98 (Tex. 1997); Jennings v. Burgess, 917 S.W.2d 790, 793 (Tex. 1996). 56 235 S.W.3d at 215. 57 Id.

11
Diaz v. Westphalgreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021In the latter instance, the non-movant does have the burden of raising a fact issue with respect to his affirmative defense.” Id. 55 Erikson v. Renda, 590 S.W.3d 557 , 563 (Tex. 2019); Diaz v. Westphal, 941 S.W.2d 96, 98 (Tex. 1997); Jennings v. Burgess, 917 S.W.2d 790, 793 (Tex. 1996). 56 235 S.W.3d at 215. 57 Id.

11
Eli Lilly and Co. v. Bifflegreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996Benson, 846 S.W.2d at 491 ; see also Eli Lilly and Co. v. Biffle, 868 S.W.2d 806, 808 (Tex.App.—Dallas 1993, no writ) (if a party raises an issue whether documents are "court records," the burden is on the party attempting to "receive the benefit of the presumption of openness").

1996Benson, 846 S.W.2d at 491 ; see also Eli Lilly and Co. v. Biffle, 868 S.W.2d 806, 808 (Tex.App.-Dallas 1993, no writ) (if a party raises an issue whether documents are “court records,” the burden is on the party attempting to “receive the benefit of the presumption of openness”).

11
Nichols v. Smithgreen
tex · 1974 · cited in 1 Texas opinions naming this issue, 1985–1985
1 sentence

1985See Nichols v. Smith, 507 S.W.2d 518, 520 (Tex.1974); “Moore”Burger, Inc. v. Phillips Petroleum Co., 492 S.W.2d 934, 936-937 (Tex.1972).

11
" MOORE" BURGER, INC. v. Phillips Petroleum Companygreen
tex · 1972 · cited in 1 Texas opinions naming this issue, 1985–1985
1 sentence

1985See Nichols v. Smith, 507 S.W.2d 518, 520 (Tex.1974); “Moore”Burger, Inc. v. Phillips Petroleum Co., 492 S.W.2d 934, 936-937 (Tex.1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Rodney Draughon v. Joycie Johnson green
tex · 2021
1 sentence

2023Servicing, Inc., No. 04-16-00788-CV, 2017 WL 4014626 , at *3 (Tex. App.—San Antonio Sep. 13, 2017, pet. denied) (mem. op.); cf. Draughon, 631 S.W.3d at 89–92 (“distin[guishing] between pleas by the non-movant which challenge the existence of limitations, such as [the tolling statute], and those which do not challenge the limitations defense, but are affirmative defenses in the nature of confession and avoidance” and noting that, although the plaintiff bears the burden on both at trial, for the former, a defendant seeking summary judgment on limitations grounds bears the burden to negate the pl

12023–2023
Brian Erikson and Quilling, Selander, Lownds, Winslett & Moser, P.C. v. Oscar Renda green
tex · 2019
1 sentence

2021In the latter instance, the non-movant does have the burden of raising a fact issue with respect to his affirmative defense.” Id. 55 Erikson v. Renda, 590 S.W.3d 557 , 563 (Tex. 2019); Diaz v. Westphal, 941 S.W.2d 96, 98 (Tex. 1997); Jennings v. Burgess, 917 S.W.2d 790, 793 (Tex. 1996). 56 235 S.W.3d at 215. 57 Id.

12021–2021
Tanksley v. CitiCapital Commercial Corp. green
texapp · 2004
1 sentence

2010Id.

12010–2010
Ford Motor Co. v. Benson Ex Rel. Benson green
texapp · 1993
2 sentences

1996Benson, 846 S.W.2d at 491 ; see also Eli Lilly and Co. v. Biffle, 868 S.W.2d 806, 808 (Tex.App.—Dallas 1993, no writ) (if a party raises an issue whether documents are "court records," the burden is on the party attempting to "receive the benefit of the presumption of openness").

1996Benson, 846 S.W.2d at 491 ; see also Eli Lilly and Co. v. Biffle, 868 S.W.2d 806, 808 (Tex.App.-Dallas 1993, no writ) (if a party raises an issue whether documents are “court records,” the burden is on the party attempting to “receive the benefit of the presumption of openness”).

11996–1996
Fantastic Homes, Inc. v. Combs green
tex · 1979
1 sentence

1980Fantastic Homes, Inc. v. Combs, 596 S.W.2d 502 (Tex.1979); City of Houston v. Clear Creek Basin Authority, supra. In this appeal is the first time appellant has asserted the question of whether the deceased may have waived his worker’s compensation rights in favor of his common law right of action.

11980–1980

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