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BANDERA ELEC. CO-OP., INC. v. GILCHRIST

No. 96-0590.

946 S.W.2d 336 (1997)

BANDERA ELECTRIC COOPERATIVE, INC., Petitioner, v. Robert GILCHRIST, Respondent.

Supreme Court of Texas.

As Corrected June 20, 1997.

Rehearing Overruled June 20, 1997.

Attorney(s) appearing for the Case

James A. Rindfuss, San Antonio, for Petitioner.

Earle Cobb, Jr., San Antonio, for Respondent.

PER CURIAM.

This case concerns the proper appellate disposition of a summary judgment that purports to be final but grants more relief than the movant requested. The trial court's judgment contained a Mother Hubbard clause1 that professed to dispose of the plaintiff's claims and the defendant's counterclaims, even though the plaintiff's motion for summary judgment did not address the counterclaims. Concluding that the trial court erred...

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