by JoAnn Storey

A trial court does not err in granting a motion for summary judgment during trial, as long as proper notice is given under the rules. Sandhu v. Pinglia Invest. of Tex., L.L.C., No. 14-08-00184-CV, 2009 WL 1795032, at *2 (Tex.App.-Houston [14th Dist.] 2009, pet. denied) (mem. op.). The court reasoned that TRCP 166a(c) only requires notice to be provided to the non-movant before the motion is heard. The record in Sandhu indicated the motion was heard after the jury was seated and sworn, but outside the jury’s presence, and that the non-movant had received the requisite notice.