ELM CREEK OWNERS v. H.O.K. INVESTMENTS, INC.

No. 04-99-00173-CV.

12 S.W.3d 495 (1999)

ELM CREEK OWNERS ASSOCIATION, Appellant, v. H.O.K. INVESTMENTS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled December 28, 1999.


Attorney(s) appearing for the Case

Barry Snell, Bayne, Snell & Krause, L.L.P., San Antonio, for Appellant.

R. Laurence Macon, Katherine Compton, Stephan B. Rogers, Akin, Gump, Strauss, Hauer & Feld, L.L.P., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Justice, PAUL W. GREEN, Justice, SARAH B. DUNCAN, Justice.


OPINION

Opinion by: PAUL W. GREEN, Justice.

The trial court certified a mandatory class of defendants in a suit involving the validity of deed restrictions. The question on appeal is whether due process requires notice to the potential class members before the certification hearing. Because pre-certification notice was not required by either due process or the rules of civil procedure, we affirm.

Background

In 1992, Elm Creek Owners Association...

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