Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of July 6, 2009

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

All Am. Tel., Inc. v. USLD Commc'ns, Inc.,   No. 02-08-00092-CV   (July 9, 2009)   (Livingston, J., joined by Gardner and Walker, JJ.).

Held: The trial court properly granted Appellees’ no-evidence motions for summary judgment on Appellants’ fraud, tortious interference with contracts, and malicious prosecution claims. As to Appellants’ fraud claim, the trial court did not abuse its discretion by striking a portion of an affidavit that was the sole evidence of the misrepresentation element of the claim because the affidavit lacked sufficient specificity regarding Appellees’ alleged misrepresentation. Regarding Appellants’ tortious interference with contracts claim, Appellants failed to present evidence that Appellees interfered with any contract. Finally, concerning Appellants’ malicious prosecution claim, Appellants did not present evidence that Appellees caused their prosecutions by either initiation or procurement.

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