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eBook details

• Title: Davis v. First Indemnity of America Insurance Co.
• Author : Texas Court of Appeals
• Release Date : January 20, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Following rendition of a summary judgment that he take nothing, appellant Dale Davis challenges the judgment of the trial court denying his traditional motion for summary judgment and granting the traditional motion for summary judgment of appellee, First Indemnity of America Insurance Co. (First Indemnity). By eight points of error, Davis contends the trial court erred (1) in sustaining First Indemnitys objections to his cross-motion for summary judgment, (2) in overruling his response to First Indemnitys motion for summary judgment, (3) in denying his counter-motion for summary judgment, (4) in overruling his response to First Indemnitys response to his cross-motion for summary judgment, (5) in granting First Indemnitys and denying his motion for summary judgment, (6) because there was insufficient evidence to support a summary judgment as a matter of law, (7) in allowing First Indemnity to make a collateral attack upon the final judgment rendered in a previous cause in favor of Davis, and (8) in failing to render summary judgment in his favor based upon the judgment rendered against the principals on the bond for $52,501.92. Based upon the rationale expressed herein, we reverse and remand.

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