law-summary-judgment-notice-of-hearing
In their motion to continue the summary-judgment hearing, Cecil Jr. and Jaime complained of insufficient
notice due to their attorney's failure to claim his certified mail until eight days before the hearing. See supra,
n.11. However, the trial court denied this motion, and this ruling has not been challenged on appeal. In any
event, this complaint is not the same as a complaint that there was no notice or that Cecil Jr. is entitled to a
new trial under Craddock. Gammill v. Fettner (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)
(probate court district court concurrent jurisdiction, motion for new trial overruled)
AFFIRMED: Opinion by Justice Kem Frost
Babajide v. Citibank (S. D.), N.A., No. 14-04-00064-CV, 2004 WL 2933575, at *1 (Tex. App.-Houston [14th
Dist.] Dec. 21, 2004, no pet.) (mem. op.) (holding appellant waived her complaint that trial court gave her no
notice of summary-judgment hearing by not raising the objection in the trial court).