CINCINNATI LIFE INS. CO. v. CATES

No. 95-1150.

927 S.W.2d 623 (1996)

CINCINNATI LIFE INSURANCE COMPANY, Northwestern Mutual Life Insurance Company Mid-Continent Life Insurance Company, Central Life Assurance Company, Phoenix Mutual Life Insurance Company, and Jackson National Life Insurance Company of Texas, Petitioners, v. Autrey Edward CATES, Sr., Edward Cates, Jr., and Leroy Ward, Respondents.

Supreme Court of Texas.

Decided July 8, 1996.

Rehearing Overruled September 19, 1996.


Attorney(s) appearing for the Case

Andrew G. Jubinsky, Arthur M. Meyer, Jr., J. David Apple, Dallas, Ralph K. Burgess, Michael F. Jones, Texarkana, for petitioners.

Mark A. Daniel, W. David Carter, Texarkana, for respondents.


Justice BAKER delivered the opinion for a unanimous Court.

This case presents the question of whether courts of appeals should review summary judgment grounds the trial court did not grant when considering the propriety of summary judgment. We hold that courts of appeals should consider all summary judgment grounds which the trial court expressly rules on and the movant preserves for appellate review that are necessary for final disposition of the appeal. We further...

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