General Mills Restaurants

General Mills Restaurants, Inc. n/k/a GMRI, Inc. ("GMRI") appeals a summary judgment in favor of Texas Wings, Inc. d/b/a Hooters, TWI XII, Inc., and Plano Wing's, Ltd. ("Hooters"). On appeal, GMRI contends the trial judge erred in granting Hooters's motion for summary judgment because (i) the summary judgment evidence establishes genuine issues of material fact with respect to GMRI's trespass and nuisance claims; (ii) Hooters failed to establish as a matter of law that it was entitled to prevail on an affirmative defense; and (iii) the trial judge granted summary judgment on claims not addressed in the motion for summary judgment. We agree that Hooters did not establish it was entitled to summary judgment. Accordingly, we reverse the trial court's summary judgment and remand this cause for further proceedings.