Robert B. Inglish v. First Madisonville National Bank--Appeal from 278th District Court of Madison County

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Inglish v. First Madisonville Nat. Bk /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-95-249-CV

 

ROBERT B. INGLISH,

Appellant

v.

 

FIRST MADISONVILLE NATIONAL BANK,

Appellee

 

From the 278th District Court

Madison County, Texas

Trial Court # 91-6671-278-CV

 

O P I N I O N

 

Robert Inglish appeals the trial court's granting of summary judgment to First Madisonville National Bank. Inglish sued the Bank alleging it cashed a forged check. Subsequently, the Bank moved for summary judgment. Because Inglish failed to include the motion for summary judgment in the record, we affirm.

When the trial court does not specify the basis for its summary judgment, the appealing party must show that each of the independent arguments alleged in the motion is insufficient to support the summary judgment. Star-Telegram, Inc. v. Doe, 915 S.W.2d 471, 473 (Tex. 1995); McDaniel v. Continental Apartments, 887 S.W.2d 167, 173 (Tex. App. Dallas 1994, writ denied); Tindle v. Jackson Nat. Life Ins. Co., 837 S.W.2d 795, 798 (Tex. App. Dallas 1992, no writ). An appellant's failure to address each argument that might support the trial court's entry of summary judgment requires an affirmance. Tindle, 837 S.W.2d at 801. In this case, the trial court did not specify its basis for granting summary judgment. Also, Inglish failed to request the motion for summary judgment be included in the record. He faced the burden to bring forward a record to support his claim that the trial court erred in granting the summary judgment. Pentes Design, Inc. v. Perez, 840 S.W.2d 75, 79 (Tex. App. Corpus Christi 1992, writ denied). Because there is no motion for summary judgment in the record, we can not determine if Inglish has rebutted every argument for summary judgment presented to the trial court. Star-Telegram, 915 S.W.2d at 473; McDaniel, 887 S.W.2d at 173; Tindle, 837 S.W.2d at 798. Therefore, we overrule his sole point. Tindle, 837 S.W.2d at 801.

We affirm the judgment.

REX D. DAVIS

Chief Justice

 

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Affirmed

Opinion delivered and filed December 4, 1996.

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