Mead v. RLMC, INC.

225 S.W.3d 710, 2007 WL 1095467
CourtCourt of Appeals of Texas
DecidedJune 7, 2007
Docket2-06-092-CV
StatusPublished
Cited by16 cases

This text of 225 S.W.3d 710 (Mead v. RLMC, INC.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mead v. RLMC, INC., 225 S.W.3d 710, 2007 WL 1095467 (Tex. Ct. App. 2007).

Opinions

[712]*712OPINION

LEE ANN DAUPHINOT, Justice.

Appellants Susan Mead, Amy Cole, and Don Cole, trustees of the MT Cole Trust No. 4, (“Trustees”) appeal the trial court’s denial of their motion for summary judgment and grant of summary judgment in favor of Appellees RLMC, Inc. and Ronald L. McCutchin Family Partnership, Ltd. (collectively “the McCutchins”). In two issues on appeal, the Trustees argue that (1) the trial court did not implicitly rule on the McCutchins’ objections to the Trustees’ summary judgment evidence, but rather expressly did not rule on the objections, and therefore all of the Trustees’ evidence should be considered by this court on appeal; and (2) the trial court erred by granting summary judgment to the McCutchins on the issue of adverse possession and by denying the Trustees’ motion for summary judgment on the same issue. Because we hold that the trial court did not impliedly rule on the McCutchins’ objections and that a genuine issue of material fact exists, we reverse the trial court’s judgment.

Facts and Procedural History

The MT Cole Trust No. 4 owns several thousand acres in Denton County, Texas. In 1981, Ronald Lee McCutchin bought a tract of land (the “McCutchin property”) bordering the Trust’s property to the north, and in 1998, McCutchin conveyed the property to Appellee Ronald McCutch-in Family Partnership, Ltd. Appellee RLMC, Inc. is the general partner of that partnership.

In 2001, RLMC, acting as the general partner of the partnership, entered into an oil and gas lease with Western Chief Oil and Gas Co., and in 2003, Western drilled two wells on property covered by the lease. The acreage on which the wells are located was separated by a fence line from what is undisputedly McCutchin property. This fence has significance to the Trustees’ arguments.

The Trustees brought suit against the McCutchins on a claim of trespass to try title and sought declaratory judgment, claiming title to the property on which the wells were drilled. The Trustees contend that the Trust has acquired title to the property by adverse possession, specifically the land north of what is undisputedly Trust property and south of the fence line and what is undisputedly McCutchin property (the “disputed acreage”).

The Trustees alleged in their First Amended Petition and in their motion for summary judgment that, for at least ten years, they have leased the disputed acreage to tenants who have used the land to graze cattle, that the tenants have maintained and worked on the fence separating the disputed acreage from the McCutchin property to prevent cattle from escaping, and that cattle owned by the Trust’s tenants have continuously grazed on the property immediately south of the fence from before 1950 to the present. They further claimed that although a fence has separated the disputed acreage from the McCutchin property, no fence separated the disputed acreage from the Trust’s property until McCutchin had one built during the pendency of this lawsuit. They also claim that the Trust’s property and the disputed acreage form one contiguous unit.

In their own motion for summary judgment, the McCutchins claimed that the disputed acreage has never been enclosed and that any grazing by the livestock of the Trust’s tenants has been sporadic. The trial court granted the McCutchins’ summary judgment motion, and the Trustees appealed.

[713]*713Standard of Review

The function of summary judgment practice is to eliminate patently unmerito-rious claims and untenable defenses.1 The purpose of the summary judgment rule is to “provide a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine issue of fact.”2 In a summary judgment case, the issue on appeal is whether the movant met the summary judgment burden by establishing that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law.3 The burden of proof is on the movant, and all doubts about the existence of a genuine issue of material fact are resolved against the mov-ant.4

When reviewing a summary judgment, we take as true all evidence favorable to the nonmovant, and we indulge every reasonable inference and resolve any doubts in the nonmovant’s favor.5 Evidence that favors the movant’s position will not be considered unless it is uncontroverted.6

The summary judgment will be affirmed only if the record establishes that the mov-ant has conclusively proved all essential elements of the movant’s cause of action or defense as a matter of law.7 A defendant who conclusively negates at least one essential element of a cause of action is entitled to summary judgment on that claim.8 Once the defendant produces sufficient evidence to establish the right to summary judgment, the burden shifts to the plaintiff to come forward with competent controverting evidence raising a genuine issue of material fact with regard to the element challenged by the defendant.9

When both parties move for summary judgment and the trial court grants one motion and denies the other, the reviewing court should review both parties’ summary judgment evidence and determine all questions presented.10 The reviewing court should render the judgment that the trial court should have rendered.11

Analysis

We first consider whether the trial court implicitly ruled on the McCutchins’ objections to the Trustees’ summary judgment evidence. A trial court’s ruling on an objection can be either express or implied.12 The McCutchins argue that we should apply Frazier v. Yu13 and hold that [714]*714the trial court impliedly ruled in favor of their objections to the Trustees’ summary judgment evidence. In Frazier, the defendant objected that the plaintiffs summary judgment evidence was not competent evidence and moved to strike the plaintiffs affidavits.14 The trial court granted the motion and entered a summary judgment for the defendant; on its docket sheet, the court indicated that the plaintiff had not submitted any summary judgment evidence.15 The trial court’s order granting summary judgment stated that it had reviewed all “competent” evidence.16 We held that this record showed that the trial court had implicitly ruled on the objections.17

The Trustees, on the other hand, argue that we should apply Wrenn v. GATX Logistics, Inc.18 and hold that the trial court did not impliedly rule on Appellees’ objections. In Wrenn, GATX argued that the trial court impliedly sustained their objections to Wrenn’s summary judgment evidence. We distinguished Frazier because nothing in the record in Wrenn demonstrated that the trial court had implicitly sustained GATX’s objections, whereas the record in Frazier supported such an inference.19 We noted that “[w]hen we cannot determine what implied ruling is to be inferred, we cannot expect the parties to be able to do so.”20

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Bluebook (online)
225 S.W.3d 710, 2007 WL 1095467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mead-v-rlmc-inc-texapp-2007.