Nutall v. AMERICAN EXPRESS CENTURION BANK

Court of Appeals of Texas

Nutall v. AMERICAN EXPRESS CENTURION BANK

357 S.W.3d 809, 2011 Tex. App. LEXIS 9428, 2011 WL 6003830

Court of Appeals of Texas·Decided December 1, 2011·No. 14-10-01038-CV·Published

Opinion

OPINION

PER CURIAM.

This appeal is taken from a default summary judgment entered against Antonio Nutall and in favor of American Express Centurion Bank. In his sole issue, appellant claims the trial court erred in granting judgment because he was never served with appellee’s motion for summary judgment.

Appellee concedes that it was not entitled to judgment because appellant did not receive proper notice of the Motion for Summary Judgment. See Tex.R. Civ. P. 21a. Appellee requests this matter be remanded to the trial court.

Accordingly, appellant’s issue is sustained. The judgment of the trial court is reversed and the case remanded for further proceedings.

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OPINION

PER CURIAM.

This appeal is taken from a default summary judgment entered against Antonio Nutall and in favor of American Express Centurion Bank. In his sole issue, appellant claims the trial court erred in granting judgment because he was never served with appellee’s motion for summary judgment.

Appellee concedes that it was not entitled to judgment because appellant did not receive proper notice of the Motion for Summary Judgment. See Tex.R. Civ. P. 21a. Appellee requests this matter be remanded to the trial court.

Accordingly, appellant’s issue is sustained. The judgment of the trial court is reversed and the case remanded for further proceedings.

Nutall v. AMERICAN EXPRESS CENTURION BANK, 357 S.W.3d 809, 2011 Tex. App. LEXIS 9428, 2011 WL 6003830 (Tex. Ct. App. 2011).

Pincite

357 S.W.3d 809 (Nutall v. AMERICAN EXPRESS CENTURION BANK) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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