James Wimpy v. Motel 6 Operating, L.P.

OPINION

ANN CRAWFORD McCLURE, Chief Justice

This is an appeal from the grant of a summary judgment in a premises liability case. James Wimpy, Appellant here and plaintiff at the trial court, failed to file a response to a no-evidence and traditional motion for summary judgment advanced by Motel 6. We are asked to consider whether Wimpy received adequate notice of the summary judgment hearing, and whether the trial court abused its discretion in denying Wimpy’s motion for new trial. For the reasons set out below, we reverse and remand the case.

FACTUAL AND PROCEDURAL BACKGROUND

We recite only the…