[Download] "Samuel D. Adamo and Tana Adamo v. State Farm Lloyds Company" by Supreme Court of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Samuel D. Adamo and Tana Adamo v. State Farm Lloyds Company
- Author : Supreme Court of Texas
- Release Date : January 03, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Mail order justice--the kind that comes with a stamp but no opportunity to be heard--could and should have been discouraged here by this Court. The trial court had rendered summary judgment terminating an action against an insurance company without ever according the claimant a hearing, despite his proper and timely request for one. Had the judgment been for the claimant because of the insurers discovery abuse, not only would an oral hearing have been required, Braden v. Downey, 811 S.W.2d 922, 929 (Tex. 1991, orig. proceeding), but the trial courts detailing of specific factual findings justifying the judgment would have been well advised, see Chrysler Corp. v. Blackmon, 841 S.W.2d 844, 850 (Tex. 1992), and de novo review by this Court of every detail of the trial courts order would have been assured. See Remington Arms Co. v. Caldwell, 850 S.W.2d 167, 174 (Tex. 1993) (Doggett, J., dissenting). See also Transamerican Nat. Gas Corp. v. Powell, 811 S.W.2d 913 (Tex. 1991). But not even the possibility of a hearing is considered here.
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