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CIMARRON HYDROCARBONS CORP. v. CARPENTER

No. 2-99-288-CV.

35 S.W.3d 692 (2000)

CIMARRON HYDROCARBONS CORPORATION, Appellant, v. Bob E. CARPENTER, C.D. Consulting and Operating Company, and C.D. Roustabout Company and Equipment Sales, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled November 16, 2000.

Attorney(s) appearing for the Case

Shannon, Gracey, Ratliff & Miller, Joseph W. Spence, Anne Gardner, Fort Worth, for appellant.

Martin, Farr, Miller & Price, L.L.P., Michael Miller, Dallas, Sue Walker, Fort Worth, appellee.

Before JOHN HILL, CLYDE R. ASHWORTH, and DAVID F. FARRIS, JJ. (All Retired, Sitting by Assignment).

OPINION

DAVID F. FARRIS, Justice (Retired).

The impending issues in this case are two: whether or not the rule in Craddock v. Sunshine Bus Lines Inc., 134 Tex. 388, 133 S.W.2d 124 (1939) applies when the adverse party fails to timely respond to a summary judgment motion, and if Craddock applies, has the appellant in this case sufficiently proved all three of the Craddock elements. We hold that Craddock applies and that appellant...

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