Mosser v. Plano Three Venture

OPINION

WHITTINGTON, Justice.

In this appeal, we must decide whether a party who never receives notice of a summary judgment hearing is required to comply with the requirements set out in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (1939) to obtain a new trial. We conclude that it does not. Appellant James Mosser, a homeowner, sued appellees to enforce and amend restrictive covenants in a planned residential community. Appellees filed a motion for summary judgment and, after a hearing, the trial judge granted ap-pellees’ motion. On appeal, appellant contends the judgment…