In Re: Clarence Randmond Knotts--Appeal from of County

State: Texas

Court: Texas Northern District Court

Docket No: 06-01-00162-CV

Case Date: 12/18/2001

Plaintiff: Andre Glenn

Defendant: State of Texas--Appeal from 2nd District Court of Cherokee County

Preview:Marvin Wade v. Stephen L. Girsh, Allene Hurst and Frank Wade--Appeal from 66th District Court of Hill County
IN THE TENTH COURT OF APPEALS

No. 10-03-00218-CV Marvin Wade, Appellant v. Stephen L. Girsh, Allene Hurst and Frank Wade, Appellees

From the 66th District Court Hill County, Texas Trial Court # 36758 MEMORANDUM Opinion

This appeal concerns a suit to set aside a sheriff s sale of Appellant s property. The trial court rendered summary judgment for Appellees. We will affirm. Appellant apparently contends that the trial court s rendition of summary judgment deprived him of the right to a jury trial. Yet the only action of the trial court of which Appellant apparently complains is the denial of a motion for continuance. No motion for continuance appears in the clerk s record of this case, although Appellant attaches to his brief a copy of a motion filed in another case. See Sabine Offshore Serv., Inc. v. City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979);Allen v. Williams, 380 S.W.2d 718, 719 (Tex. Civ. App. Waco 1964, no writ). The granting of a summary judgment does not improperly deprive a party of the right to a jury trial. Springer v. Am. Zurich Ins. Co., 115 S.W.3d 582, 587 (Tex. App. Waco 2003, pet. denied); see City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 n.5 (Tex. 1979). We overrule Appellant s issue. We affirm the judgment. TOM GRAY Chief Justice

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Before Chief Justice Gray, Justice Vance, and Justice Reyna Opinion delivered and filed September 29, 2004 Affirmed [CV06]

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