[Download] "Limestone Construction" by Third District, at Austin Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Limestone Construction
- Author : Third District, at Austin Texas Court of Appeals
- Release Date : January 26, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Limestone Construction, Inc. (Limestone) appeals from the district court's overruling, by operation of law, Limestone's motion for new trial challenging a default no-evidence summary judgment. Limestone claims that the affidavit it filed with its new trial motion, which averred that Limestone did not receive prior notice of the summary judgment motion or hearing, conclusively entitles it to relief. Appellee Summit Commercial Industrial Properties, Inc. (Summit) contends that Limestone, in effect, waived its right to relief by failing to comply with the Williamson County local rules for obtaining a hearing on its motion. Because we hold that Limestone's affidavit established its entitlement to a new trial on the record before us, we must reverse the trial court and remand for a new trial.