No Notice, No Trial

Vincent v. Deutsche Bank reversed a judgment in a FE&D case when:

The trial court’s June 12 written notice that trial was set for July 14, following the trial court’s instruction to “reset” the case, establishes that the trial court “reset” the case on July 14, but then proceeded to trial on June 15 without notice to Vincent. When a case previously has been set for trial, the trial court “may reset said contested case to a later date on any reasonable notice to the parties or by agreement of the parties.” Tex. R. Civ. P. 245. Here, however, there is nothing in the record to show that that Vincent received “reasonable”—or any—notice of the proceedings on June 15.

No. 05-23-00705-CV (Feb. 20, 2025) (mem. op.).