B.C. v. Steak N Shake, 05-14-00649-CV (TexApp Dist 08/30/2017)
An employee, B.C., sued her former employer, Steak and Shake Operations, Inc. The employer moved for a combined traditional motion and no-evidence motion for summary judgment on the employee's claim. The employee failed to file a timely response to the no-evidence motion. The trial court granted the employer's summary judgment motion and did not indicate if it considered the employee's late-filed response. The employee appealed to the Texas Supreme Court who reversed the trial court's decision and remanded the case back to the trial court to determine whether the employee met her burden of proof on the combined summary judgment motions. The court ruled that it was required to grant the employer's summary judgment motion because the employee did not file a response or failed to provide a legally adequate response to the no-evidence motion for summary judgment. The dissenting opinion of the court held that the employee met her burden of proof on the traditional summary judgment motion. The majority opinion of the court however, rejected the dissent's opinion because no-evidence summary judgment motions get decided first when a combined no-evidence motion and traditional motion for summary judgment is before the court. Since the employer's no-evidence motion for summary judgment was granted because of an inadequate response, the court need not decide the traditional summary judgment motion. The court affirmed the trial court's judgment.B.C. v. Steak N Shake Operations, Inc., Dallas Court of Appeals, Case No.: 05-14-00649-CV, 8/30/17.
|September 13, 2017
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to firstname.lastname@example.org to learn more.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.