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LESTER v. CAPITAL INDUSTRIES, INC.

No. 04-04-00310-CV.

153 S.W.3d 93 (2004)

Samuel J. LESTER, Appellant, v. CAPITAL INDUSTRIES, INC., Appellee.

Court of Appeals of Texas, San Antonio.

November 10, 2004.

Attorney(s) appearing for the Case

Andrew E. Toscano, Gene Toscano, Inc., San Antonio, for appellant.

Steven B. Treu, Langley & Banack, Inc., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.

OPINION

Opinion by CATHERINE STONE, Justice.

Appellant, Samuel J. Lester, brings this restricted appeal from a default summary judgment granted in favor of appellee Capital Industries, Inc. Lester raises three issues on appeal: 1) proper notice of the summary judgment hearing was not given to his attorney in accordance with Rules 8, 21a, and 166a of the Texas Rules of Civil Procedure; 2) Capital violated the judicial rationale behind the doctrine of collateral...

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