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JONES v. WAL-MART STORES, INC.

No. 01-94-00605-CV.

893 S.W.2d 144 (1995)

Dempsey Ray JONES and Bobbye Jean Jones, Appellants, v. WAL-MART STORES, INC, and Jim Beard, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled February 9, 1995.

Attorney(s) appearing for the Case

Thomas W. McQuage, Galveston, for appellants.

Alan N. Magenheim, Houston, for appellees.

Before COHEN, HEDGES and WILSON, JJ.

OPINION

WILSON, Justice.

Appellants, Dempsey Ray Jones and his wife, Bobbye Jean Jones, appeal in a single point of error the trial court's granting of a motion for summary judgment in favor of the appellees, Wal-Mart Stores, Inc., and Jim Beard. The fundamental issue presented is whether evidence raising a fact issue on an unpled cause of action is sufficient to defeat an admittedly otherwise valid summary judgment. We decide the unpled cause of action...

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