Recent Texas Business Court, Eight Division Summary Judgment Opinion and Order Shows a Path to Swift Resolution of Contract Issues

In Crain v. Northern, Judge Bullard of the Texas Business Court, Eight Division recently entered an order granting a motion for summary judgment requiring specific performance of a Buy-Sell Option and for attorneys’ fees.  The order is notable not only for its detailed contractual analysis but in how swiftly the Court resolved the dispute.   The lawsuit was filed in June 2025 with the claim for specific performance being raised by defendant’s counterclaim.  The motion for summary judgment was filed on October 23, 2025, with full briefing and oral argument completed by December 3, 2025.  The Court’s Amended Opinion and Order was issued on February 2, 2026, demonstrating how quickly the Court can conclude the determination of matter-of-law contract issues.  Even the issue of reasonable and necessary attorneys’ fees that is often resolved at trial due to the presence of fact issues was resolved at the summary judgment stage.  The prevailing party provided clear, positive and direct evidence of attorney’s fees, including the reasonable number of hours and rates, that the nonmovant failed to rebut.  The Crain v. Northern opinion highlights the opportunity in the Texas Business Court to present key legal issues early to streamline overall case resolution.