Opinion

Carr v. Brasher

  • 32 Tex. Sup. Ct. J. 378
  • 776 S.W.2d 567
  • 16 Media L. Rep. (BNA) 1942
  • 1989 Tex. LEXIS 41
  • 1989 WL 47716
Court
Texas Supreme Court
Filed
May 10, 1989
Status
Published
Author
Phillips
On the bench
Cook, Gonzalez, Hecht, Mauzy, Phillips, Ray
Cited by
1,378 cases

holding that defendants’ affidavits and deposition testimony negated actual malice where plaintiff “presented no controverting proof that [the defendants] believed that the statements in question were false or published with reckless disregard for the truth”

How later courts described this case

  • holding that defendants’ affidavits and deposition testimony negated actual malice where plaintiff “presented no controverting proof that [the defendants] believed that the statements in question were false or published with reckless disregard for the truth”
  • stating that affidavits of defendants in which they stated that they never had any doubts and certainly no serious doubts about the truth of the statements they made were sufficient to support a summary judgment when no controverting proof was submitted
  • holding that when trial court's order granting summary judgment does not specify ground or grounds relied upon for its ruling, summary judgment will be affirmed on appeal if any of theories advanced are meritorious
  • holding that, by contrast to false statements of fact injurious to reputation, all assertions of opinion are protected by First Amendment of United States Constitution and Article 1, Section 8 of Texas Constitution

Written by the judges who cited it.

The opinion

PHILLIPS, Chief Justice,

dissenting.

Because of the reasons set forth in my dissenting opinion today in Casso v. Brand, I respectfully dissent.

While I agree that Carr and Thiel have met their burdens to obtain a summary judgment under the standards we announce today, I would remand this cause in the interest of justice to allow Brasher the opportunity to raise a fact issue in response to the summary judgment motions.

COOK, J., joins in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.