WESTCHESTER FIRE INS. CO. v. ALVAREZ

No. B-7517.

576 S.W.2d 771 (1978)

WESTCHESTER FIRE INSURANCE COMPANY, Petitioner, v. Esperanza ALVAREZ et al., Respondents.

Supreme Court of Texas.

October 25, 1978.


Attorney(s) appearing for the Case

Groce, Locke & Hebdon, Thomas H. Crofts, Jr. and Damon Ball, San Antonio, for petitioner.

Pepos S. Dounson, San Antonio, for respondents.


DENTON, Justice.

The question in this case is whether the specificity requirement in Texas Rules of Civil Procedure 166-A(c) is waived by failure to except to the motion for summary judgment prior to rendition of judgment.

The trial court granted defendant, Westchester Fire Insurance Company, a summary judgment which ordered that plaintiff, Esperanza Alvarez, take nothing and that Westchester Fire Insurance Company take the $10,000 deposited in the registry...

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