Lester v. Capital Industries, Inc.

OPINION

Opinion by

CATHERINE STONE, Justice.

Appellant, Samuel J. Lester, brings this restricted appeal from a default summary judgment granted in favor of appellee Capital Industries, Inc. Lester raises three issues on appeal: 1) proper notice of the summary judgment hearing was not given to his attorney in accordance with Rules 8, 21a, and 166a of the Texas Rules of Civil Procedure; 2) Capital violated the judicial rationale behind the doctrine of collateral estoppel by filing a second motion for summary judgment; and 3) the granting of summary judgment was improper because Capital failed to…