Matthew Perdue and Thelma Cade-Perdue v. Patten Corporation, D/B/A Massachusetts Patten Corporation and Patten Corporation Southwest, D/B/A Southwest Patten Corporation

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00434-CV

Matthew Perdue and Thelma Cade-Perdue, Appellants

v.

Patten Corporation, d/b/a Massachusetts Patten Corporation and Patten Corporation Southwest, d/b/a Southwest Patten Corporation, Appellees

FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT

NO. C-99-0570-C, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING

O P I N I O N

The trial court granted a no-evidence summary judgment denying a bill of review, then attempted to grant a new trial vacating its summary judgment. Two issues are presented: whether a new trial was timely…