may not be granted on a claim not addressed in the summary judgment proceeding, it may be granted on later pleaded causes of action if the grounds asserted in the motion show that the plaintiff could not recover from the defendant on the later pleaded causes of action.” McIntyre v. Wilson, 50 S.W.3d 674, 684-85 (Tex.App.-Dallas 2001, pet. denied); see also Smith v. Heard, 980 S.W.2d 693, 697 (Tex.App.-San Antonio 1998, pet. denied) (acknowledging that courts have granted summary judgment on causes of action not addressed in motion if movant has conclusively disproved ultimate fact central to all causes of action alleged or if unaddressed claims are derivative of addressed claims); see also Andrews v. E. Tex. Med. Ctr.Athens, 885 S.W.2d 264, 266-67 (Tex.App.Tyler 1994, no writ) (<HOLDING>). The elements of a negligent misrepresentation
holding that unsworn pleadings do not constitute proper summary judgment evidence holding that protective features of special exception procedure should not be circumvented by a motion for summary judgment on the pleadings where plaintiffs pleadings fail to state a cause of action recognizing that if amended pleadings do not materially change cause of action original summary judgment motion is a sufficient basis upon which to grant complete relief holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment holding that if there is any issue of fact which remains upon a motion for summary judgment the motion must be denied