Legal Opinion
Elm Creek Owners Ass'n v. H.O.K. Investments, Inc.
Texas Court of Appeals, 4th District (San Antonio)
Decided December 28, 1999No. 04-99-00173-CVPublishedCited by 1 opinion
1Opinion of the Court
OPINION
Opinion by:
PAUL W. GREEN, Justice.
The trial court certified a mandatory class of defendants in a suit involving the validity of deed restrictions. The question on appeal is whether due process requires notice to the potential class members before the certification hearing. Because pre-certification notice was not required by either due process or the rules of civil procedure, we affirm.
Background
In 1992, Elm Creek Owners Association and DL Joint Venture entered an agreed judgment declaring certain land within the Elm Creek Subdivision to be part of a greenbelt subject to passive-use…
2Cases cited16 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
- Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
- 9 Fair empl.prac.cas. 211, 9 Empl. Prac. Dec. P 9931 Sandra Wetzel and Mari Ross, on Behalf of Themselves and All Others Similarly Situated, Equal Opportunity Commission as Amicus Curiae v. Liberty Mutual Insurance Company, a CorporationCourt of Appeals for the Third Circuit · 1975
- Allison v. Citgo Petroleum Corp.Court of Appeals for the Fifth Circuit · 1998
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