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John D. Harris and Cathy A. Harris v. Ebby Halliday Real Estate, Inc., D/B/A Ebby Halliday Realtors

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OPINION

John and Cathy Harris appeal from the trial court’s order granting summary judgment in favor of Ebby Halliday Real Estate, Inc. d/b/a Ebby Halliday Realtors (“Halliday” or “Halliday Real Estate”). The Harrises raise two issues on appeal. In Issue One, they contend the trial court committed reversible error by granting summary judgment on their claim for negligence under the traditional summary judgment. In Issue Two, the Harrises argue Halliday Real Estate was not entitled to summary judgment on the negligence cause of action under the no-evidence standard.

In May 2007, the Harrises signed a residential listing agreement with Halliday to sell their residence at 6322 Royalton Drive in Dallas, Texas. At the time their house went on the market, the Harrises owned two pit-bull type dogs, a three year-old male, and a five year-old female. The dogs spent a great deal of time in the Harrises’ backyard. The backyard is surrounded by fencing, and closed off with three gates. Two of the gates were secured with combination locks for security. To access the backyard from the front of the house, a person would have to pass through at least one of the locked gates. According to Mrs. Harris, the only time the gates were unlocked was when the lawn service came to tend to the property.

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