Texas Court of Appeals, 1st District (Houston) September 9, 1999, 01-98-00712-CV (Weaver v. Highlands Insurance Co.)

MICHOL O’CONNOR, Justice,

dissenting.

I dissent from the majority opinion because I disagree with the analysis. This case is not about whether Weaver was entitled to payment for services not rendered; instead, it is about whether Highlands met its summary judgment burden to negate an element of Weaver’s claim.