in the Estate of Florene K. Grace

• Court: Court of Appeals of Texas
• Decided: July 14, 2009
• Docket: 10-09-00211-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00211-CV

In the Estate of Florene K. Grace, Deceased

From the County Court at Law No. 1

Brazos County, Texas

Trial Court No. 12,787-PC

ORDER OF RECUSAL

            I hereby recuse myself from further participation in this case.  Tex. Code Jud. Conduct, Cannons 1, 2, and 3, reprinted in Tex. Gov’t Code Ann., tit. 2, subtit. G app. B (Vernon 2005); Tex. R. App. P. 16.2; and Tex. R. Civ. P. 18b(2)(a).

                                                                        TOM GRAY

                                                                        Chief Justice

                                                                        Date:   July ___, 2009

s for summary judgment alleging various grounds for summary judgment.  The trial court granted all the motions without specifying upon which ground it was relying.  Because at least one ground on which summary judgment was sought was not challenged on appeal, we affirm.

            To obtain a reversal when the trial court does not specify the basis for its summary judgment, the appealing party must show it is error for the judgment to be based on any ground asserted in the motion.  Star-Telegram, Inc. v. Doe, 915 S.W.2d 471, 473 (Tex. 1995).  One ground asserted in Kennedy and OHM’s first motion was the defense of the statute of limitations.  Autry did not respond to that ground at the trial court and has not challenged that ground in his appeal.  Having no complaint from Autry regarding the trial court’s decision to grant the motion for summary judgment based on the limitations ground, we must affirm the summary judgment in favor of Kennedy and OHM.  See Shanklin v. Grimes, No. 10-01-00023-CV, 2003 Tex. App. LEXIS 5332 (Tex. App.—Waco June 25, 2003, no pet.) (mem. op.); Heister v. W. Shamrock, No. 10-01-00366-CV, 2003 Tex. App. LEXIS 5160 (Tex. App.—Waco June 18, 2003, no pet.) (mem. op.).

            The trial court’s judgment is affirmed.

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Affirmed

Opinion delivered and filed September 24, 2008

[CV06]