Texas Court of Appeals, 5th District (Dallas) April 6, 1983, 05-82-00389-CV (Whiddon v. Metni)

STEPHENS, Justice.

Dr. Whiddon appeals from an order of the trial court granting appellees’ motion for summary judgment. The issue presented is whether the non-movant has the burden of presenting, in response to a motion for summary judgment, a theory of recovery contained in his petition but not addressed by appellees’ motion. We conclude he does not; therefore, we reverse and remand.