Cathey v. Booth

How courts have described this case

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

• holding that defendant may establish right to summary judgment by pleading and conclusively establishing each element of affirmative defense, thereby defeating plaintiffs cause of action
• holding movant is entitled to summary judgment when it proves that it is entitled to judgment as a matter of law
• stating that a defendant “who conclusively establishes all of the elements of an affirmative defense is entitled to summary judgment.”
• holding in medical-malpractice case that county hospital did not 6 Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338, 343–48 (Tex. 2004)
• explaining that the purpose of the TTCA’s notice requirements is to allow “governmental units to gather information necessary to guard against unfounded claims, settle claims, and prepare for trial”
• making above-referenced disposition mandatory, with certain exceptions inapplicable here, if error affecting part of controversy is separable without unfairness to parties

Source: CourtListener parenthetical corpus (CC0).