Etheredge v. Hidden Valley Airpark Ass'n

OPINION ON REHEARING

BOB McCOY, Justice.

After reviewing Appellee Hidden Valley Airpark Association, Inc.’s motion for rehearing, we deny the motion. We withdraw our June 2, 2005 opinion and judgment and substitute the following in their place.

I. INTRODUCTION

Appellant William Lane Etheredge, Jr. appeals the trial court’s grant of summary judgment in favor of appellee Hidden Valley Airpark Association, Inc. (“HVAA”). Because the face of the record shows that the trial court erred by granting summary judgment despite Etheredge’s lack of notice of the summary judgment motion and hearing, we will…