
NO. 07-02-0399-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL B



SEPTEMBER 10, 2003



______________________________



ALLSTATE INSURANCE COMPANY, APPELLANT



V.



ALVIN F. HICKS, APPELLEE



_________________________________



FROM THE 251
ST
 DISTRICT COURT OF RANDALL COUNTY;



NO. 51,836-C; HONORABLE PATRICK PIRTLE, JUDGE



_______________________________



Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

CONCURRING OPINION

I agree with the dissenting opinion’s discussion of principles on which a motion for summary judgment must be founded.  I concur in rendering judgment for Allstate, however, because I conclude that Allstate’s motion presented the issue on which we grant judgment in favor of Allstate; albeit without a great amount of emphasis.  And, the issue has been addressed by Hicks without complaint that it was not encompassed within Allstate’s motion. 



Phil Johnson

Chief Justice





