FFP Marketing Co., Inc. v. Long Lane Master Trust IV

Appellant FFP Marketing Company, Inc. ("FFP Marketing") appeals from a summary judgment granted by the trial court in favor of Appellees Long Lane Master Trust IV ("LLMT") and MTGLQ Investors, L.P. ("MTGLQ"). In six issues, FFP Marketing complains that the trial court erred in granting LLMT and MTGLQs motion for summary judgment because: (1) LLMT, as a trust, did not have capacity to bring this suit except through a trustee, (2) the amount of the final judgment cannot be calculated from either the face of the judgment or the summary judgment record, (3) LLMT and MTGLQ did not conclusively prove legal ownership of the notes and guaranties, (4) the trial court erred by overruling FFP Marketings special exceptions to LLMT and MTGLQs motion for summary judgment, (5) the trial court erred by overruling FFP Marketings objections to LLMT and MTGLQs summary judgment evidence, and (6) the trial court erred by granting a permanent injunction to LLMT and MTGLQ where none was requested in their motion for summary judgment. Because we hold that LLMT and MTGLQ failed to prove their claims as a matter of law, we reverse the trial courts final judgment, including the injunction, and remand this case for trial on the merits.