Carolyn R. Dawson v. Kevin Pakenham
There appears to be a split and/or confusion within the courts regarding "Motions" for No-Evidence Summary Judgments Appeals and a Forcible Detainer "Complaint" Appeal for immediate possession. Texas laws clearly state that Motions for No-Evidence Summary Judgments differ from the usual Summary Judgments rendered as trial verdicts. The Thirteenth COA review these motions de nova at the Appellate level as seen in; Appendix L, While the First COA claims want jurisdiction as though Plaintiffs appeal was for a Forcible Detainer only which appears to be in error. The question presented is: Whether Motions for No-Evidence Summary Judgments Appeals the Forcible Detainer Complaints Appeals because Texas Rule 166a states they are different.
Whether Texas courts have properly distinguished between motions for no-evidence summary judgment and traditional summary judgment in forcible detainer proceedings