Americana Motel, Inc. v. Johnson, B-9755
Decision Date | 03 December 1980 |
Docket Number | No. B-9755,B-9755 |
Citation | 610 S.W.2d 143 |
Parties | AMERICANA MOTEL, INC., Petitioner, v. Daniel K. JOHNSON, Respondent. |
Court | Texas Supreme Court |
Lloyd, Ellzey & Lloyd, Thomas C. Wheat, Alice, for petitioner.
Daniel K. Johnson, pro se.
The only point before us is whether an issue of fact has been raised so as to preclude summary judgment. The evidence before the trial judge at the summary judgment hearing consisted of the sworn pleadings of each party, an affidavit by the manager of the Americana Motel in support of its motion, and the Motel's answers to interrogatories and request for admissions. The court of civil appeals reversed the summary judgment for the Motel, and remanded for trial. 604 S.W.2d 293.
Sworn pleadings are not summary judgment evidence in Texas, Hidalgo v. Surety Savings and Loan Association, 462 S.W.2d 540, 545 (Tex.1971); nor are denials to a request for admissions. Oliver v. Allstate Insurance Company, 456 S.W.2d 558, 560 (Tex.Civ.App.-Dallas 1970, writ dism'd w.o.j.); Sandone v. Dallas Osteopathic Hospital, 331 S.W.2d 476, 479 (Tex.Civ.App.-Amarillo 1959, writ ref'd n.r.e.). The Motel manager's affidavit contains a clear, positive, direct, and credible denial of any dealings with Johnson, and is free from any contradictions and inconsistencies elsewhere in the record. There being no other evidence before the trial court, summary judgment was correctly entered for the Motel.
We regard the holding of the court of civil appeals to be in conflict with Hidalgo, supra, and with Great American Reserve Insurance Company v. San Antonio Plumbing Supply Company, 391 S.W.2d 41, 47 (Tex.1965), which holds that uncontroverted testimony by an interested party may support a summary judgment if it is "clear, direct and positive and there are no circumstances in evidence tending to discredit or impeach such testimony." Accordingly, the writ of error is granted, and pursuant to Rule 483 of the Texas Rules of Civil Procedure, we reverse the judgment of the court of civil appeals without hearing argument, and affirm the judgment of the trial court.
To continue reading
Request your trial-
Jack B. Anglin Co., Inc. v. Tipps
...accept as true the clear, direct, and positive evidence of an undisputed affidavit, even of a party's agent. See Americana Motel, Inc. v. Johnson, 610 S.W.2d 143 (Tex.1980) (uncontroverted testimony by an interested party may support summary judgment when testimony is clear, direct, and pos......
-
Ford v. City State Bank of Palacios
...it is well-established that pleadings, such as a response to a motion for summary judgment, are not evidence. Americana Motel, Inc. v. Johnson, 610 S.W.2d 143, 143 (Tex. 1980); Rath v. State, 788 S.W.2d 48, 50 (Tex. App.--Corpus Christi 1990, writ denied). We hold that appellant failed to p......
-
Cuellar v. City of San Antonio
...that sworn pleadings and denials to requests for admissions are not summary judgment evidence in Texas. Americana Motel, Inc. v. Johnson, 610 S.W.2d 143 (Tex.1980); Hidalgo v. Surety Sav. and Loan Ass'n, 462 S.W.2d 540, 545 (Tex.1971). As such, a motion for summary judgment is a pleading an......
-
Arguello v. Gutzman
...that sworn pleadings and denials to requests for admissions are not summary judgment evidence in Texas. Americana Motel, Inc. v. Johnson, 610 S.W.2d 143 (Tex.1980). As such, a motion for summary judgment is a pleading and may not be considered as summary judgment evidence, Kendall v. Whatab......
-
Chapter 30-3 Summary Judgment Evidence
...MGA Ins. Co. v. Charles R. Chesnutt, P.C., 358 S.W.3d 808, 815 (Tex. App.—Dallas 2012, no pet.); Americana Motel, Inc. v. Johnson, 610 S.W.2d 143, 143 (Tex. 1980); Welch v. Milton, 185 S.W.3d 586, 594 (Tex. App.—Dallas 2006, pet. denied) (holding that pleadings are not summary judgment proo......