(DOWNLOAD) "Diane Cox Roberts v. Southwest Texas Methodist Hospital" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Diane Cox Roberts v. Southwest Texas Methodist Hospital
- Author : Supreme Court Of Utah
- Release Date : January 05, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
The hospitals motion for rehearing says that we required that its motion for summary judgment be too precise, and that if Roberts wanted to confine the hospital to the two grounds stated in its motion, she should have excepted to it. It is true that defects in summary judgment motions are comparable to other pleading defects. In 1978 the supreme court held that "the failure of a motion for summary judgment to specify grounds is a defect of form that is waived unless excepted to prior to rendition of judgment." Westchester Fire Ins. Co. v. Alvarez, 576 S.W.2d 771, 773 (Tex. 1978). The court likened summary judgment motions to ordinary pleadings and applied the waiver provisions of rule 90 to them. Id.