Binur v. Jacobo

In Binur v. Jacobo, 135 S.W.3d 646, 650-51 (Tex. 2004), the court held that although it is better to file separate motions for traditional and no-evidence summary judgment, parties may file hybrid motions. Id. at 651. Furthermore, although delineating the different grounds under separate headings would help the bench and bar, the rules do not require it. Id. Most importantly, however, the court held that reviewing courts, cannot disregard a motion for no-evidence summary judgment merely because it attaches evidence. Id. Rather, in that circumstance, we must simply disregard the attached evidence when reviewing the no-evidence grounds unless the evidence raises a fact issue in favor of the non-movant. Id.