Garcia v. Garza

Texas Rule of Civil Procedure 166a, which governs summary judgments, does not set a deadline for a movant to file a reply to a non-movant's response. According to case law, the movant is entitled to file its reply until the date of the summary judgment hearing. The movant, however, is not entitled to use its reply to amend its motion for summary judgment or to raise new and independent summary judgment grounds. Appellees did not impermissibly raise a new and independent summary judgment ground in their reply brief. San Antonio Court of Appeals, No. 04-09-00163-CV, 02-03-2010

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OPINION

Sitting: Catherine Stone, Chief Justice, Karen Angelini, Justice, Marialyn Barnard, Justice.

AFFIRMED

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