Summary Judgment
Summary judgment is proper only if
there is no genuine issue of material fact and the moving party is entitled to
judgment as a matter of law. Tex.R.Civ.P. 166a(c).
1. The movant for summary judgment has the burden of showing there is no
genuine issue of material fact and it is entitled to judgment as a matter of
law.
2. In deciding whether there is a disputed material fact issue precluding
summary judgment, evidence favorable to the nonmovant will be taken as true.
3. Every reasonable inference must be indulged in favor of the nonmovant and
any doubts resolved in his favor. 690 S.W.2d 546,
548-49 (Tex.1985).
A defendant must disprove one element
of the plaintiff's cause of action to prevail on summary judgment. 675 S.W.2d 802, 804 (Tex.App.--Beaumont 1984, writ
ref'd n.r.e.). The summary judgment proof must establish as a matter
of law that there is no genuine issue of material fact on one or more of the
essential elements of the cause of action. 450 S.W.2d 827, 828 (Tex.1970).
When a movant relies on an affirmative
defense, it must expressly plead and prove all essential elements of that
defense as a matter of law. 669 S.W.2d 309, 310-11 (Tex.1984).
A
matter is conclusively established only if ordinary minds cannot differ about
the conclusion to be drawn from the evidence. Triton Oil & Gas Corp. v.
Marine Contractors & Supply, Inc.,
644 S.W.2d 443, 446 (Tex.1982).
