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COSTELLO v. JOHNSON

No. 05-83-00866-CV.

680 S.W.2d 529 (1984)

Joe COSTELLO, Appellant, v. Robert W. JOHNSON and Marcia G. Johnson, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 5, 1984.

Attorney(s) appearing for the Case

Robert A. Ray, Tyler, for appellant.

Robert L. Dillard, III, William Hays, Dallas, for appellees.

Before AKIN, ALLEN and GUILLOT, JJ.

AKIN, Justice.

This is an appeal by Joe Costello from a summary judgment granted plaintiffs, Robert W. Johnson and Marcia Johnson. Costello contends that the judge erred in granting summary judgment because the record does not show that the notice requirements of TEX.R.CIV.P. 166-A were met. In this respect, he argues that, when his attorney of record withdrew after the opposing attorney had served upon him the motion for summary judgment, the Johnsons had the burden...

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