CONTRACT AMBIGUITY YIELDS SUMMARY JUDGMENT DENIAL

On December 4, 2018, the Texas Court of Appeals for the Fifth Circuit reversed the decision of the Dallas County Court at Law No. 2., holding that ambiguity within a contract constitutes a fact issue for which summary judgment is improper. Although the facts within this case were particularly complicated and intricate, this case stands to show the fundamental principle that ambiguity and fact issues will typically not allow a summary judgment to survive. It is important to remember when drafting a contract that if it contains provisions that are susceptible to more than one interpretation, a court may deem this an ambiguity and thus a fact issue that cannot be properly resolved through summary judgment.