Tivoli Corp. v. Jewelers Mut. Ins. Co

In Tivoli Corp. v. Jewelers Mut. Ins. Co., 932 S.W.2d 704, 710 (Tex. App.--San Antonio 1996, writ denied), the movant gave the nonmovant the prescribed twenty-one-days notice, but the trial court signed the summary judgment four days before the end of the notice period. Id. The nonmovants raised this issue in their motion for new trial; the trial court overruled their motion. Id. On appeal, in affirming the summary judgment, the court of appeals held that the nonmovants had failed to show harm. Id.