American Petrofina, Inc. v. Allen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a mere pleading or response to a summary judgment motion does not satisfy the burden of coming forward with sufficient evidence to prevent summary judgment
• holding that a mere pleading or response to a summary judgment motion does not satisfy the burden of coming forward with sufficient evidence to prevent summary judgment
• holding that party asserting fraudulent concealment has burden of raising it in response to motion for summary judgment and must come forward with evidence raising - 11 - 04-11-00219-CV fact issue on each element
• holding that plaintiff’s assertion of fraudulent concealment did not raise a fact issue because “[a] mere pleading or a response to the summary judgment motion does not satisfy this burden of coming forward with sufficient evidence to prevent summary judgment”
• holding plaintiff had burden to present evidence on each element of fraudulent concealment, which was affirmative defense to defendant’s limitations defense
• reasoning that omission from amended petition was inadvertent when defendant was added to later-amended petition

Source: CourtListener parenthetical corpus (CC0).