(DOWNLOAD) "Lester v. Capital Industries" by In the Court of Appeals for the First District of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Lester v. Capital Industries
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appellant, Samuel J. Lester, brings this restricted appeal from a default summary judgment granted in favor of appellee Capital Industries, Inc. Lester raises three issues on appeal: 1) proper notice of the summary judgment hearing was not given to his attorney in accordance with Rules 8, 21a, and 166a of the Texas Rules of Civil Procedure; 2) Capital violated the judicial rationale behind the doctrine of collateral estoppel by filing a second motion for summary judgment; and 3) the granting of summary judgment was improper because Capital failed to meet its burden of proving there were no genuine issues of material fact. Because we find proper notice was not given in accordance with Rules 8, 21a, and 166a of the Texas Rules of Civil Procedure, we reverse and remand.