¶2 In this appeal from a summary judgment, the court of appeals set aside the trial court’s entire judgment because the trial court granted more relief than was requested by Petitioner, Perman Page, in his motion for summary judgment. See 940 S.W.2d 102. This was error. As we held today, when a trial court grants more relief than requested and, therefore, makes an otherwise partial summary judgment final, that judgment, although erroneous, is final, and it is appeal-able. See Bandera Elec. Cooperative v. Gilchrist, — S.W.2d -, -, 1997 WL 126859 (Tex.1997) (per curiam). On appeal, the court of appeals must treat the judgment as any other final judgment. Id. It is to consider all matters raised on appeal and reverse only those portions of the judgment that were rendered in error. Id. Accordingly, under Texas Rule of Appellate Procedure 170, and without hearing oral argument, the Court grants the application for writ of error, reverses the judgment of the court of appeals, and remands this cause to the court of appeals for further proceedings consistent with Bandera.
941 S.W.2d 101
40 Tex.Sup.Ct.J. 443
Page v. Geller
Decided March 21, 1997
Texas Supreme Court · decided 1997-03-21
Relies on Geller v. Page
Good law ✅— No negative treatment on recordhow we know
Decided 1997-03-21
How this case has been cited
Cited by 9 later decisions — most recently February 2019
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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