If at the hearing on a motion for summary judgment the court finds that there is a genuine issue about one or more material facts but no genuine issue about others, the court is to make an order specifying the facts that appear to be without substantial controversy and directing “such further proceedings in the action as are just.” Tex. R. Civ. P. 166a(e) (see section 19.51 and form 19-9 in this manual). The order (“partial summary judgment”) is interlocutory and after trial will be replaced by a final judgment (form 20-10).
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Partial Summary Judgment
At the hearing on Plaintiff’s Motion for Summary Judgment in this cause, [recite appearances, e.g., all parties appeared through their attorneys of record].
Having examined the pleadings and the evidence before it and having interrogated counsel, the Court has ascertained that some material facts are actually and in good faith controverted and that the following material facts exist without substantial controversy: [state facts].
It is accordingly ORDERED that a trial be held in this cause and that the facts specified above be deemed established at that trial.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for [name of plaintiff]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney for [name of defendant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]