Alvarez v. Garcia

Mr. Alvarez appeals a final summary judgment entered against him on a promissory note. We reverse because he received inadequate notice that the motion for summary judgment was scheduled for hearing and supported by an affidavit.

Mr. Garcia, who is incarcerated, filed his pro se action in October 1992. Shortly after filing the lawsuit, Mr. Garcia filed a motion for a telephonic hearing, explaining that such a hearing would facilitate pretrial proceedings in light of his imprisonment. When this motion was filed, no other motions were pending.

In early January 1993, Mr. Garcia filed a motion for…