Texas Supreme Court

Justin Curtis Nall, Robert W. Nall, and Olga L. Nall, Petitioners v. John B. Plunkett, Respondent

June 28, 201356 Tex. Sup. Ct. J. 818

Summary

The Texas Supreme Court held that the Nalls' summary‑judgment motion did expressly address the negligent‑undertaking claim, so the trial court's grant of summary judgment was procedurally proper and the Court of Appeals erred. The Court also held that Plunkett waived any argument that summary judgment was improper on the merits because he failed to brief that issue.