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City of Baytown v.12/9/1999
ly on the City's claim that it was shielded from immunityby Stombaugh's undisputed official immunity. The City did not even address the specific question of whether the light was fixed within a reasonable time. Since the City did not move for summary judgment on the ground that the light was fixed within a reasonable time after notice, we cannot consider that as a ground on appeal. See TEX. R. CIV. P. 166a(c); McConnell v. Southside Sch. Dist., 858 S.W.2d 337, 339 (Tex. 1993)(noting that rule 166a requires that a motion for summary judgment must state the specific grounds on which it is based).
CONCLUSION
In light of these Conclusions, we overrule the City's sole issue and affirmthe trial court's denial of the City's motion for summary judgment.
Wanda McKee Fowler Justice
Judgment rendered and Opinion filed December 9, 1999. Panel consists of Justices Yates, Fowler and Draughn. Publish-- TEX. R. APP. P. 47.3(b).
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