Jacobs v. Satterwhite

William Satterwhite sued his former criminal defense attorney, George Jacobs, for professional negligence and breach of contract. Jacobs moved for summary judgment on the professional negligence claim, asserting that Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995), precluded Satterwhites claim as a matter of law. Satterwhite responded that he was asserting only a claim for breach of contract. The trial court granted summary judgment without stating the grounds. On appeal, Satterwhite complained that the trial court erred by granting summary judgment on the breach-of-contract claim because it was not addressed in Jacobss motion for summary judgment, but he did not complain about the summary judgment on the professional negligence claim. Without distinguishing between the professional negligence and breach-of-contract claims, the court of appeals reversed and remanded the cause to the trial court. 26 S.W.3d 35. We reverse and render in part and affirm in part the court of appeals judgment.