NO. 07-02-0399-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 10, 2003
______________________________
ALLSTATE INSURANCE COMPANY, APPELLANT
V.
ALVIN F. HICKS, APPELLEE
_________________________________
FROM THE 251 ST DISTRICT COURT OF RANDALL COUNTY;
NO. 51,836-C; HONORABLE PATRICK PIRTLE, JUDGE
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
CONCURRING OPINION
I agree with the dissenting opinion’s discussion of principles on which a motion for summary judgment must be founded. I concur in rendering judgment for Allstate, however, because I conclude that Allstate’s motion presented the issue on which we grant judgment in favor of Allstate; albeit without a great amount of emphasis. And, the issue has been addressed by Hicks without complaint that it was not encompassed within Allstate’s motion.
Phil Johnson
Chief Justice