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MOSSER v. PLANO THREE VENTURE

No. 05-94-00057-CV.

893 S.W.2d 8 (1994)

James C. MOSSER, Appellant v. PLANO THREE VENTURE, Wentworth Estates Residential Association, Inc., and Paramount Land Development, Inc., Appellees.

Court of Appeals of Texas, Dallas.

December 19, 1994.

Attorney(s) appearing for the Case

James C. Mosser, Plano, for appellant.

Catherine Clifton, Geary, Porter & West, P.C., Dallas, for appellees.

Before THOMAS, OVARD and WHITTINGTON, JJ.

OPINION

WHITTINGTON, Justice.

In this appeal, we must decide whether a party who never receives notice of a summary judgment hearing is required to comply with the requirements set out in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (1939) to obtain a new trial. We conclude that it does not. Appellant James Mosser, a homeowner, sued appellees to enforce and amend restrictive covenants in a planned residential community. Appellees...

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