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Alder v. Laurel

A party cannot substitute the nonmovant's pleading for the movant's obligation to allege in her motion the specific basis on which she is entitled to judgment.

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Appellant Edwin Alder appeals the district court’s order granting appellees’ summary judgment and the court’s denial of his motion for new trial. Alder contends the trial court erred by (1) improperly disposing of his claims, as they were not addressed in appellees’ motion for summary judgment, (2) granting appellees’ no evidence motion for summary judgment despite Alder’s summary judgment evidence in the form of seven interrogatory answers, and (3) granting summary judgment on claims not challenged in the summary judgment motion. We will reverse the trial court’s judgment and remand the cause for further proceedings.

BACKGROUND

In May 1997, Alder was involved in a car accident. In September, Alder hired appellee Sandra Laurel, a lawyer in the firm of Albertson, Snow & Laurel, L.L.P., to represent him in his personal injury action against the driver. Alder alleges the parties signed a contingency fee agreement (the “agreement”) in return for Laurel’s oral promise to loan Alder $9000. A dispute arose when Laurel refused to loan Alder the money, and they terminated the agreement.

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