of a claim is improper after the claim has been abandoned. Cf. Cullinan, 154 Tex. at 253, 275 S.W.2d at 475; Thompson, 422 S.W.2d at 261. Summary judgment cannot be rendered on the merits of a claim that has been abandoned before the summary-judgment ruling. Cf. Taliaferro v. Smith, 804 S.W.2d 548, 550 (Tex.App.-Houston [14th Dist.] 1991, no writ) (in concluding that trial court erred in rendering summary judgment against non-movant plaintiff who had filed non-suit immediately before summary-judgment hearing, holding that “in the context of a summary judgment proceeding, a plaintiff may take a nonsuit at any time prior to the time the court renders judgment.”); Extended Servs. Prog., Inc. v. First Extended Serv. Corp., 601 S.W.2d 469, 471 (Tex.Civ.App.-Dallas 1980, writ ref d n.r.e.) (<HOLDING>). Because we are liberally to construe
holding court erred by disposing of plaintiffs claims on merits after nonsuit filed instead of dismissing case without prejudice holding same when nonsuit filed after summaryjudgment hearing but before rendition of summary judgment holding that trial courts resetting of hearing date for motion for summary judgment made timely summaryjudgment evidence that had been untimely based on hearing date in effect when the evidence was filed and served holding that evidence filed less than 21 days before original summaryjudgment hearing was timely even though trial court never granted leave to file late evidence because the summaryjudgment hearing was reset to a date more than 21 days after the evidence was filed holding evidentiary hearing on defense of judicial estoppel after parties filed crossmotions for summary judgment