Courtney v. Gelber

In Courtney v. Gelber, 905 S.W.2d 33 (Tex. App.--Houston 1st Dist. 1995, no writ), notice of a hearing on the defendant's motion for summary judgment was given, but the parties agreed to pass on the hearing prior to the due date for the plaintiffs' response. Id. at 34. Several months later, without notice to any party, the trial court granted the motion. Id. The court of appeals reversed, reasoning that the deadline for the defendant's response had not been reached, because the parties had agreed to pass the hearing date. Id. at 34. Because the date was never reset, the response was not due at the time the trial court ruled on the motion. Id.