Summary Judgment FAQ | Texas Family Law Powerhouse

Question 1

What evidence is needed to defeat a no-evidence summary judgment motion in Texas?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including David and Rebecca Bowen v. Texas Fair Plan Association. Always cross-reference your summary judgment evidence with your most recent Rule 194.2 expert designations; amending your witness list to "clean up" for trial can accidentally de-designate the experts you need to survive a no-evidence motion, resulting in the exclusion of their testimony.

Question 2

What is the standard of review for summary judgment in Texas?

Accepted Answer

This question has been addressed in 3 Texas court opinion(s), including EarnhartBuilt, LLC v. Preferred Materials, LLC, Procore Technologies, Inc., Express Lien, Inc. d/b/a Levelset, Michael Mann, and J. Earnhart, Inc.. A lien is not "fraudulent" simply because it is legally unenforceable or filed late. To recover statutory damages for a fraudulent lien, a party must prove the filer actually knew the lien was fraudulent—meaning a misrepresentation of the truth—at the moment of filing. If there is a bona fide underlying debt, technical or procedural failures will generally not trigger the severe penalties of the fraudulent lien statute.