Limestone Construction, Inc. v. Summit Commercial Industrial Properties, Inc.

OPINION

BOB PEMBERTON, Justice.

Limestone Construction, Inc. (Limestone) appeals from the district court’s overruling, by operation of law, Limestone’s motion for new trial challenging a default no-evidence summary judgment. Limestone claims that the affidavit it filed with its new trial motion, which averred that Limestone did not receive prior notice of the summary judgment motion or hearing, conclusively entitles it to relief. Ap-pellee Summit Commercial Industrial Properties, Inc. (Summit) contends that Limestone, in effect, waived its right to relief by failing to comply with the…