law-motion-for-summary-judgment-adequacy, motion must-state-grounds | special exceptions to MSJ
judgment may not grant more relief than sought in pleadings, motion | summary judgment standards |


MSJ MUST STATE BASIS ON WHICH SUMMARY JUDGMENT IS SOUGHT

"[A] motion for summary judgment shall state the specific grounds therefor." Tex. R. Civ. P. 166a(c);
McConnell v. Southside ISD, 858 S.W.2d 337, 341 (Tex. 1993) (holding that "a motion for summary
judgment must itself expressly present the grounds upon which it is made. A motion must stand or fall on
the grounds expressly presented in the motion."). When a motion for summary judgment asserts
grounds A and B, it cannot be upheld on grounds C and D, which were not asserted, even if the
summary judgment proof supports them. McConnell, 858 S.W.2d at 342.

SUMMARY JUDGMENT CANNOT BE GRANTED ON GROUND NOT CONTAINED IN
THE MOTION


It is well settled that a trial court cannot grant a summary judgment motion on grounds not
presented in the motion. Brewer & Pritchard, P.C., 73 S.W.3d at 204; Science Spectrum, Inc. v.
Martinez, 941 S.W.2d 910, 912 (Tex. 1997). Our no-evidence summary judgment rule similarly
requires that the moving party identify the grounds for the motion:
Timpte Industries, Inc. v. Gish, No. 08-0043 (Jun. 5, 2009) (Medina)
(
product liability, Supreme Court finds no defect in design of trailer from which worker fell)