Milton O. Ackermann, Petitioners v. Ernestine Vordenbaum, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals after reforming its judgment to remand the case, holding that the trial court erred in dismissing the suit and that the Tobin‑Garcia doctrine is limited to cases where both parties file summary‑judgment motions. The Court also declined to allow appellate review of an overruling of summary judgment when the final judgment is a dismissal.