Choctaw Properties, L.L.C., Everett B. Frazier and Jerry W. Campbell v. Aledo I.S.D. and Allen Norman ( 2003 )

Choctaw Properties et al. v. Aledo ISD

  IN THE

TENTH COURT OF APPEALS

No. 10-01-229-CV

     CHOCTAW PROPERTIES, L.L.C.,

     EVERETT B. FRAZIER

     AND JERRY W. CAMPBELL,

                                                                              Appellants

     v.

     ALEDO I.S.D. AND ALLEN NORMAN,

                                                                              Appellees

From the 249th District Court

Johnson County, Texas

Trial Court # C200100263

CONCURRING OPINION

      I have carefully considered the issues raised by the appellants. I approached the review of the issues raised on appeal, however, in a manner different than my colleague. After reviewing the basis upon which summary judgment was sought, I reviewed the summary judgment evidence to determine if the judgment could be affirmed on any of those theories. I then reviewed the objections to only the summary judgment evidence necessary to support the theory on which the judgment would be proper. I then proceeded to determine whether as to the evidence necessary to affirm the judgment, on a theory sought in the summary judgment motion, if the trial court erred in what would be of necessity an implied overruling of the objection to that evidence. Having determined there were no errors in the implied rulings on evidence that would be essential to affirm the summary judgment under a proper theory, I was able to determine that the trial court’s judgment is proper. I find it unnecessary to join in the review of the evidence and issues in the manner conducted by colleague and, therefore, do not join in that discussion, analysis, or holdings regarding many issues unnecessary to a disposition of this appeal. I do, however, concur in the judgment of affirming the trial court’s judgment.

                                                                         TOM GRAY

                                                                         Chief Justice

Concurring opinion delivered and filed December 17, 2003