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O'Donald v. Texarkana Memorial Hospital

9/28/2005

oximate cause elements of the O'Donalds' cause of action as having no evidence to support them. The traditional portion of Wadley's motion is supported by some deposition testimony, but attaching evidence to a combined motion does not invalidate the no-evidence portion of the motion or require that it be disregarded. Binur v. Jacobo, 135 S.W.3d 646, 651 (Tex. 2004).


Because the O'Donalds did not timely respond to Wadley's no-evidence summary judgment motion or timely point the trial court to any summary judgment evidence raising an issue of fact on the challenged elements, the trial court properly rendered summary judgment in favor of Wadley.


For the reasons stated, we affirm the judgment.


Date Submitted: June 15, 2005






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