In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-03-395 CV
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ROY BRYAN SMITH, Appellant
V.
OWEN BURTON and NELDA BURTON, Appellee
Orange County, Texas
Trial Cause No. B-940,417-BD
Roy Bryan Smith filed suit against Owen and Nelda Burton, and others, for interference with child custody/interference with possessory interest in a child custody case. The trial court granted the Burtons' no-evidence motion for partial summary judgment and severed Smith's cause against the Burtons. See Tex. R. Civ. P. 166a(i). Smith appeals the trial court's order granting summary judgment in favor of the Burtons.
Appellant's brief asserts the summary judgment proof offered by the movants is objectionable and controverted and therefore does not constitute summary judgment evidence. Appellant's brief further claims appellant raised genuine issues of material fact with its affidavits and excerpts from deposition testimony. Appellant's brief references the affidavits and depositions, in their entirety. It does not identify or describe either the evidence or the issues of fact purportedly raised. There is also no attempt to demonstrate the facts at issue are material.
The Burtons offered evidence in support of their motion. See Tex. R. Civ. P. 166a(i). On appeal, there has been no showing that appellant produced evidence raising a genuine issue of material fact. Id. Accordingly, we find appellant has failed to establish the trial court erred in granting partial summary judgment in favor of the Burtons and overrule issue one. The judgment of the trial court is AFFIRMED.
PER CURIAM
Submitted on April 8, 2004
Opinion Delivered April 15, 2004
Before McKeithen, C.J., Burgess and Gaultney, JJ.