Vela v. Sharp
| Decision Date | 06 October 1965 |
| Docket Number | No. 14401,14401 |
| Citation | 395 S.W.2d 66 |
| Parties | Israel VELA et al., Appellants, v. Alexander A. SHARP et al., Appellees. |
| Court | Texas Court of Appeals |
Luther E. Jones, Jr., Corpus Christi, Frank R. Nye, Jr., Emilio Gutierrez, Rio Grande City, for appellants.
Rankin, Kern & Martinez, McAllen, for appellees.
This is an appeal by Israel Vela and Horacio Lopez, two of the defendants below, from part of a default judgment of the 79th District Court of Starr County, Texas, rendered on October 13, 1964, wherein Alexander, A. Sharp and Frances A. Sharp recovered title and possession of the land described in the judgment as 'Tract One,' and from the order overruling their amended motion for new trial.
Appellants contend that lathough they were represented by Luther Jones, Esq., an attorney of Corpus Christi, Nueces County, Texas, a non-resident of Starr County, and although their attorney had complied with the provisions of Rule 246, Texas Rules of Civil Procedure, neither they not their attorney was notified, and they had no knowledge of the setting of the case on October 13, 1964, and were thus precluded from being present to present their meritorious defense to appellees' cause of action.
Rule 246, T.R.C.P., provides as follows:
Appellants' attorney substantially complied with this rule. He wrote one letter, giving the style and number of three cases pending in the District Court of Starr County, and asked the district clerk to notify him of any setting of these three cases. He enclosed three self-addressed and properly stamped envelopes. Upon receipt thereof, the clerk put the letter, together with the three self-addressed and stamped envelopes, in the file of one of the three cases other than the present case, and thereafter neglected to notify anyone of the setting of this case. The rule does not require the non-resident attorney to write a separate letter in each case, nor does it require him to enclose copies of his letter so that one may be put in the file of each case listed in the letter.
Here the non-resident attorney, having complied with the provisions of Rule 246, was entitled to be notified of the setting of this case, and not having been notified, and neither he nor his clients having had any actual knowledge of the setting of this case, they had good cause as a matter of law for not being present at the trial. Rule 246, supra. American Casualty & Life Co. v....
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In re A.D.A.
...his failure to appear is due to a failure to receive notice of the trial setting. TEX.R. CIV. P. 245; Vela v. Sharp, 395 S.W.2d 66, 67 (Tex.Civ.App.-San Antonio 1965, writ ref'd n.r.e.). This is true regardless of whether his attendance would affect the ultimate outcome of the hearing. Howe......
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In re D.W.
...setting. Tex.R. Civ. P. 245; In re A.D.A., 287 S.W.3d 382, 387–88 (Tex.App.-Texarkana 2009, no pet.); Vela v. Sharp, 395 S.W.2d 66, 67–68 (Tex.Civ.App.-San Antonio 1965, writ ref'd n.r.e.). This is generally true regardless of whether her attendance would affect the ultimate outcome of the ......
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Wallace v. Snyder Nat. Bank
...another trial will produce a different result. Cragin v. Henderson County Oil Development Co., 280 S.W. 554 (Tex.Com.App.1926); Vela v. Sharp, 395 S.W.2d 66 (Tex.Civ.App., San Antonio 1965, no writ); Smith v. Hillsboro State Bank, 253 S.W.2d 897 (Tex.Civ.App., Galveston 1952, no writ). Also......
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Baen-Bec, Inc. v. Tenhoopen
...a different result. Cragin v. Henderson County Oil Development Co., 280 S.W. 554 (Tex.Comm'n App.1926); Vela v. Sharp, 395 S.W.2d 66 (Tex.Civ.App. San Antonio 1965, writ ref. n. r. e.); Smith v. Hillsboro State Bank, 253 S.W.2d 897 (Tex.Civ.App. Galveston 1952, no writ). In Alexander v. Hag......