Crossland v. Lange
In Crossland v. Lange, No. 13-10-217-CV, 2010 WL 5020501 (Tex. App.--Corpus Christi Dec. 9, 2010, no pet.) (mem. op.), the Corpus Christi Court of Appeals reversed a no-evidence summary judgment rendered in favor of the seller on the ground that a no-evidence motion for summary judgment was not the proper vehicle for questioning the legal sufficiency of a plaintiff's petition.
The court stated:
"It appears that the seller is challenging whether the buyers, in fact, have a cause of action for indemnity against her. That is an issue we do not decide here. . . . However, a no-evidence summary judgment motion is not the correct vehicle for determining a question of law." Id.