Bakke did challenge the trial court's ruling on the "traditional" portion of the Motion for Summary Judgment granted in Albin's favor, but apparently failed to challenge the no-evidence portion on appeal. In such instances,"we must uphold the summary judgment" said the 4th Court, citing Krueger v. Atascosa Cnty., 155 S.W.3d 614, 621 (Tex. App.—San Antonio 2004, no pet.) (“Unless an appellant has specifically challenged every possible ground for summary judgment, the appellate court need not review the merits of the challenged ground and may affirm on an unchallenged ground.”) and Lowe v. Townview Watersong, L.L.C., 155 S.W.3d 445, 447 (Tex. App.—Dallas 2004, no pet.) (“Because summary judgment may have been granted on the unchallenged no-evidence grounds, we must affirm the trial court’s summary judgment.”). Ultimately, the Court concluded that "the no-evidence grounds raised in Albin’s hybrid motion for summary judgement could, if meritorious, fully support the judgment..." and since they were not challenged, the trial court's ruling could not be disturbed.
While Bakke alleged facts that might have fit into the Partial Performance Exception, the Court never reached that issue. Thus, we'll have to wait for another day and another case for the Texas courts of appeals to develop this important concept in Texas real estate law.