August, Gregory A. v. Cornel A. Williams ( 2002 )

  Opinion issued April 18, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-00-00063-CV

____________

GREGORY E. AUGUST, Appellant

V.

CORNEL A. WILLIAMS, Appellee

---

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 98-52350

---

MEMORANDUM OPINION  

Appellant Gregory E. August sued his former attorney, appellee Cornel A. Williams, for breach of contract and legal malpractice related to criminal and civil-forfeiture actions against August in federal court. Williams successfully moved for summary judgment. August brings a sole point of error alleging the trial court erred in rendering summary judgment because it refused to make findings of fact and conclusions of law.

Findings of fact and conclusions of law have no place in a summary judgment proceeding. Linwood v. NCNB Tex., 885 S.W.2d 102, 103 (Tex. 1994); see Tex. R. Civ. P. 296 (party may request findings of fact and conclusions of law in case tried without jury). The reason findings and conclusions "have no place" in a summary judgment proceeding is that for summary judgment to be rendered, there cannot be a "genuine issue as to any material fact" and the legal grounds are limited to those stated in the motion and response. Tex. R. Civ. P. 166a(c); IKB Indus. (Nig.) Ltd. v. Pro-Line Corp., 938 S.W.2d 440,441 (Tex. 1997); Stiles v. Resolution Trust Corp., 867 S.W.2d 24, 26 (Tex. 1993). In other words, if summary judgment is proper, there are no facts to find, and the legal conclusions have already been stated in the motion and response. IKB Indus. (Nig.) Ltd., 938 S.W.2d at 441. The trial court should not make, and an appellate court cannot consider, findings of fact in connection with a summary judgment. Id.

We overrule August's sole point of error and affirm the trial court's judgment.

Sherry J. Radack

Justice

Panel consists of Chief Justice Schneider and Justices Taft and Radack.

Do not publish.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