ANICETO CASTILLO, Appellant v. ALLSTATE COUNTY MUTUAL INSURANCE COMPANY, Appellee

REVERSED and REMANDED; Opinion issued May 23, 2007
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-05-01454-CV
............................
ANICETO CASTILLO, Appellant
V.
ALLSTATE COUNTY MUTUAL INSURANCE COMPANY, Appellee
.............................................................
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. cc-04-10445-D
.............................................................
MEMORANDUM OPINION
Before Justices Morris, Lang, and Lang-Miers
Opinion By Justice Morris
        In this appeal from a take nothing judgment, appellant Aniceto Castillo contends the trial court erred in granting Allstate County Mutual Insurance Company's motion for entry of judgment because Allstate failed to prove that collateral estoppel barred his claims. We agree.
        Castillo brought this suit against Allstate alleging claims for breach of contract and extra- contractual liability based on Allstate's alleged failure to pay uninsured motorist benefits. Allstate filed a motion for entry of judgment against Castillo arguing that Castillo's claims were barred by collateral estoppel. The trial court granted the motion and rendered a take nothing judgment against Castillo.
        We first note that Allstate's motion for entry of judgment was procedurally inappropriate because there was no verdict or judicial ruling upon which the court could render judgment. Even if we were to view Allstate's motion as a motion for summary judgment, the motion is insufficient. Allstate requested judgment on the basis of collateral estoppel. To be entitled to judgment as a matter of law on the basis of collateral estoppel, Allstate was required to prove that: (1) the facts sought to be litigated by Castillo were fully and fairly litigated in an earlier action; (2) those facts were essential to the judgment in the earlier action; and (3) the parties were cast as adversaries in the earlier action. See Eagle Properties v. Scharbauer, 807 S.W.2d 714, 721 (Tex.1991). Allstate submitted no competent evidence to establish any of these elements. Indeed, Allstate submitted no evidence whatsoever in support of its motion for entry of judgment.
        Because Allstate failed to establish its entitlement to judgment as a matter of law, we reverse the trial court's judgment and remand the cause for further proceedings.
 
 
                                                          
                                                          JOSEPH B. MORRIS
                                                          JUSTICE
 
051454F.P05