X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Appellee Roger E. Foxall filed suit against appellants Judy Powell, John L. Luther, Bobbe Alexander, Judy Broussard, Gene Ryder, and Ana Bergh, *fn1 individually and in their official capacities, for defamation and intentional infliction of emotional distress. Appellants filed a motion for summary judgment on the grounds of qualified privilege, official immunity in their individual capacity, sovereign immunity in their official capacity, and insufficient evidence of intentional infliction of emotional distress. The trial court granted summary judgment in favor of appellants on the claim for intentional infliction of emotional distress but otherwise denied relief. In an interlocutory appeal, appellants assert the trial court erred in denying their claims of immunity. See Tex. Civ. Prac. & Rem. Code Ann. � 51.014 (a)(5) (Vernon Supp. 2001). In their first issue, appellants query, “does official immunity shield them from individual liability for an error in the newsletter?” Issue two asks, “does sovereign immunity preclude liability against the Defendants in their official capacity?”

The standard of review for denial of a summary judgment is the same as for the granting of a summary judgment. The movant for summary judgment has the burden of showing there is no genuine issue of material fact and it is entitled to judgment as a matter of law. See Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548 (Tex. 1985). In deciding whether a disputed material fact issue precludes summary judgment, evidence favorable to the non-movant is taken as true. Id. at 548-49. Every reasonable inference in favor of the non-movant is indulged and any doubts are resolved in its favor. Id. The movant must either disprove at least one element of each of plaintiff’s theories of recovery or conclusively establish each essential element of an affirmative defense. See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979). If the movant conclusively proves all essential elements of his defense, the burden shifts to the non-movant. See Casso v. Brand, 776 S.W.2d 551, 556 (Tex. 1989). The non-movant must answer that affirmative defense for summary judgment purposes. See Broussard v. Tyler County Hosp., 831 S.W.2d 584, 586 (Tex. App.–Beaumont 1992, no writ).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Dispute Resolution Forum 2021

June 16, 2021
Virtual

Legal professionals from In-House, Private Practice and the Bar work together to overcome challenges facing dispute resolution.


Register

GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Register

Pennsylvania Legal Awards 2021

June 24, 2021
Virtual

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Register

Litigation Attorney

Cedar Knolls, New Jersey, United States

Multi-jurisdictional firm seeks self-starting attorney licensed in New York for general litigation, toxic tort and medical malpractice litig...


Apply Now ›

Attorney

Fairfield County, Connecticut, United States

Zeldes, Needle & Cooper PC, a prominent CT law firm with offices in Fairfield County, seeks a real estate/transactional associate with 2+ ye...


Apply Now ›

Attorney

Hartford, Connecticut, United States

Busy Hartford criminal defense firm looking for part-time associate. Some experience required.Send inquiries to:Box #982| c/o CT Law Tribune...


Apply Now ›

GILL & CHAMAS

06/14/2021
NJLJ Web

GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.


View Announcement ›

MANDELBAUM SALSBURG PC

06/07/2021
NJLJ Web

Please to announce that....


View Announcement ›

BENNETT , TINA

05/27/2021
TLI Web

Bennett, Tina mourns the loss of Elizabeth (Libby) Bennett, Esq.


View Announcement ›