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ROTELLA v. NELSON ARCHITECTURAL ENGINEERS

No. 05-07-00505-CV.

251 S.W.3d 216 (2008)

Mark David ROTELLA and Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes, Inc., Appellants v. NELSON ARCHITECTURAL ENGINEERS, INC., Appellee.

Court of Appeals of Texas, Dallas.

April 21, 2008.

Attorney(s) appearing for the Case

Robert R. Cole, Jr., Cole & Cole, P.C., Dallas, for Appellant.

James D. Stanton, William H. Venegoni, Derek A. Cargill, The Law Offices of James D. Stanton, L.P., Dallas,

Before Justices MORRIS, WHITTINGTON, and FITZGERALD.

OPINION

Opinion by Justice WHITTINGTON.

Mark David Rotella (Rotella) and Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes, Inc. (Benchmark) appeal the trial court's summary judgment in favor of Nelson Architectural Engineers, Inc. In two issues, Rotella and Benchmark contend the trial judge erred because (i) the undisputed summary judgment evidence shows failure of notice of the motion for summary judgment to Rotella and Benchmark and (ii) Nelson...

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