Cantu v. Western Fire & Casualty Insurance Co.
This text of 723 S.W.2d 668 (Cantu v. Western Fire & Casualty Insurance Co.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION ON APPLICATION FOR WRIT OF ERROR
Although we refuse the application in this case, no reversible error, we are not to be understood as approving the language of the court of appeals regarding the duty of good faith and fair dealing. 716 S.W.2d 737 (Tex.App. — Corpus Christi, 1987). See Arnold v. National County Mutual Fire Insurance Co., 725 S.W.2d 165 (Tex.1987); English v. Fischer, 660 S.W.2d 521, 524 (Tex.1983) (Spears, J., concurring).
The record in this case does not include the depositions and affidavits on which the trial court expressly relied in granting partial summary judgment. In the absence of the complete record considered by the trial court, the appellate presumption is that the omitted summary judgment evidence supports the trial court’s judgment. Bering v. Republic Bank of San Antonio, 581 S.W.2d 806, 809 (Tex.Civ.App. — Corpus Christi 1979, writ ref’d n.r.e.); Williams v. Mack Financial Corp., 505 S.W.2d 316, 319 (Tex.Civ.App. — Tyler 1973, writ ref’d n.r.e.).
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Cite This Page — Counsel Stack
723 S.W.2d 668, 30 Tex. Sup. Ct. J. 216, 1987 Tex. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cantu-v-western-fire-casualty-insurance-co-tex-1987.