Lozano, Lillian v. Spring Branch Independent School District ( 2002 )

  In The

Court of Appeals

For The  

First District of Texas

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NO. 01-01-00466-CV

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LILLIAN LOZANO, Appellant

V.

SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, Appellee

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On Appeal from the 190th Judicial District Court

Harris County, Texas

Trial Court Cause No. 2000-51561

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SUPPLEMENTAL OPINION ON REHEARING

          On October 24, 2002, we issued an opinion reversing the trial court’s judgment and remanding the cause. Spring Branch Independent School District (SBISD) has filed a motion for rehearing. We deny the motion, but we issue this supplemental opinion to address one of the arguments raised in SBISD’s motion. Our judgment dated October 24, 2002 remains in full force and effect.

          SBISD contends that the trial court erred in evaluating the purported causal nexus between Lozano’s report and Chief Brawner’s recommendation of Lozano for termination, rather than in evaluating whether a causal nexus existed between Lozano’s report and the School Board’s termination decision. Issues not expressly presented to the trial court by written motion, answer, or other response cannot be considered on appeal as grounds for reversal. Casso v. Brand, 776 S.W.2d 551, 553 (Tex. 1989); Greathouse v. Alvin Indep. Sch. Dist., 17 S.W.3d 419, 426 (Tex. App.—Houston [1st Dist.] 2000, no pet.). That is, a movant’s summary judgment motion must expressly present all issues that would establish its right to summary judgment, or these grounds cannot be assigned as error on appeal. See Greathouse, 17 S.W.3d at 426. Because SBISD did not raise this argument in its motion for summary judgment, we will not consider it on appeal.

          We overrule SBISD’s motion for rehearing.

          It is so ORDERED.

                                                                        Tim Taft

                                                                        Justice

Panel consists of Justices Taft, Alcala, and Price.

Do not publish. Tex. R. App. P. 47.4.