Cimarron Hydrocarbons Corp. v. Carpenter

OPINION

DAVID F. FARRIS, Justice (Retired).

The impending issues in this case are two: whether or not the rule in Craddock v. Sunshine Bus Lines Inc., 134 Tex. 388, 133 S.W.2d 124 (1939) applies when the adverse party fails to timely respond to a summary judgment motion, and if Crad-dock applies, has the appellant in this case sufficiently proved all three of the Crad-dock elements. We hold that Craddock applies and that appellant proved all three Craddock elements. We reverse and remand.

Appellant, Cimarron Hydrocarbons Corporation, contracted with appellees for their services on a new well. A…