Bobby McEarl v. City of Brownsville

This is a premises liability case. The plaintiff alleges he slipped and fell in a leaf-filled gutter maintained by defendant. Plaintiff filed suit against the defendant, alleging that the defendant failed to properly maintain and warn pedestrians of a dangerous condition. Because the trial court granted defendant summary judgment without making findings of fact or stating the legal basis for its decision before instructing defendant to prepare an order, we vacate the trial court’s order of summary judgment and remand.