Cuellar Ex Rel. Cuellar v. H. E. Butt Grocery Co.

This is an appeal from an order granting summary judgment in favor of ap-pellee. Suit was filed in Bexar County, Texas, in December, 1962, by appellant. The defendant-appellee filed its plea of privilege to be sued in Nueces County. No controverting affidavit was filed and the case was transferred to Nueces County. Defendant filed its motion for summary judgment on the 14th day of May, 1964. Certificate of notice was given to the appellant that the motion had been filed and set for hearing. The transcript does not show any answer filed to defendant’s motion for summary judgment, nor does the…