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eBook details

• Title: Billy E. Lee v. Braeburn Valley West Civic Association
• Author : Supreme Court of Texas No. C-9449
• Release Date : January 07, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Braeburn Valley West Civic Association (Braeburn) filed a motion for summary judgment against Billy E. Lee (Lee) to collect
property assessments and late charges Braeburn contended Lee owed as a resident of Braeburn Valley West subdivision. Lee responded
to the motion for summary judgment but was not present at the hearing on the motion. The trial court granted the motion for
summary judgment in favor of Braeburn. Lee filed a motion for new trial, in which he explained his absence from the hearing.
The trial court overruled Lee's motion for new trial. On appeal, Lee discussed his absence from the hearing and reurged several of his arguments from his response to the motion
for summary judgment, including: that the late charges assessed by Braeburn amount to usury; that Braeburn is charging assessments
against Lee for property that he does not own; and that the assessments violate the equal protection and the due process clauses
of the fourteenth amendment of the United States Constitution. The court of appeals correctly disposed of Lee's argument concerning
his absence but did not address his remaining contentions. Therefore, the court of appeals failed to respond to all points
necessary to the disposition of the appeal. Tex. R. App. P. 90(a).

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