Reggie Teer, Petitioners v. Wayne B. Duddlesten, Respondents

Summary

The Texas Supreme Court reversed the trial court’s final summary judgment because the City of Bellaire, a non‑movant, was improperly bound by a partial summary judgment. The Court held that a summary judgment that does not dispose of all parties and issues is interlocutory and not appealable unless severed, and therefore the judgment concerning the City must be vacated and the case remanded for trial on the city’s liability. The Court also clarified that the presumption that a judgment disposes of all parties applies only to conventional trials, not partial summary judgments. Justice Robertson dissented, arguing the judgment was final and appealable and should be affirmed.