SMITH v. FIESTA CAB CO.

No. 01-94-01197-CV.

933 S.W.2d 544 (1996)

Ernest SMITH, Jr. and Kelvin Smith, Appellants, v. FIESTA CAB COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 25, 1996.


Attorney(s) appearing for the Case

Donald M. Brown, Conroe, for appellants.

Thomas A. Dickens, Houston, for appellee.

Before OLIVER-PARROTT, C.J., and TAFT and COHEN, JJ.


ORDER

TAFT, Justice.

This appeal raises difficult procedural and constitutional issues arising from the trial court's granting of the second motion for summary judgment of appellee, Fiesta Cab Company (Fiesta). Appellants, Ernest and Kelvin Smith, claim a denial of due process of law based on the apparent loss of their response to Fiesta's motion.

We abate the appeal.

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