(Download) "Raymond Burly Combs v. Fantastic Homes" by Fifth District, Dallas Court of Civil Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Raymond Burly Combs v. Fantastic Homes
- Author : Fifth District, Dallas Court of Civil Appeals of Texas
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In this suit for treble damages under the Deceptive Trade Practices Act, Tex.Bus. & Comm.Code §Â§ 17.46 and 17.50 (Vernon Supp.1978), defendants motion for summary judgment was granted on the ground that plaintiffs own testimony by deposition showed that any representations to plaintiffs by defendants agents were not made with intent to deceive. The principal question before us is whether in view of the 1978 amendment to Rule 166-A(c) of the Texas Rules of Civil Procedure, plaintiffs failure to file any answer or other response to the motion in the trial court precludes our consideration of the question of sufficiency of the summary-judgment proof to support the judgment. We held that under the amended rule we may consider the sufficiency of the proof to support the specific grounds of summary judgment stated in defendants motion, but may not consider plaintiffs contention that the summary-judgment proof raises other fact issues not pointed out to the trial court. On review of the depositions, we conclude that plaintiffs testimony does not conclusively negate defendants intent to deceive. Consequently, we reverse and remand.
 "Raymond Burly Combs v. Fantastic Homes" by Fifth District, Dallas Court of Civil Appeals of Texas * Book PDF Kindle ePub Free){kind=link}