WHIDDON v. METNI

No. 05-82-00389-CV.

650 S.W.2d 904 (1983)

Lonnie L. WHIDDON, M.D., Appellant, v. Fouad N. METNI, M.D. and Dallas Cardiovascular Surgery Associates, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 19, 1983.


Attorney(s) appearing for the Case

Paul H. Brumley, DeSoto, for appellant.

E. Thomas Bishop, Thomas C. Unis, Dallas, for appellees.

Before STEPHENS, SPARLING and VANCE, JJ.


STEPHENS, Justice.

Dr. Whiddon appeals from an order of the trial court granting appellees' motion for summary judgment. The issue presented is whether the non-movant has the burden of presenting, in response to a motion for summary judgment, a theory of recovery contained in his petition but not addressed by appellees' motion. We conclude he does not; therefore, we reverse and remand.

The appellant, Dr. Lonnie Whiddon, had associated himself with Dr. Metni...

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