Cliff v. Huggins

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant established he was entitled to new trial when he provided uncontroverted testimony that he never received notice of trial setting
• holding that the Rule 21a presumption may be rebutted by an offer of proof of nonreceipt and, in the absence of evidence to the contrary, the presumption has the force of a rule of law
• holding that a certificate of service by a party or attorney of record, a return of an officer, or the affidavit of any person showing service of a notice of the summary judgment hearing date is prima facie evidence of service
• stating that presumption of receipt under rule 21a “vanishes when opposing evidence is introduced that the letter was not received”
• noting that we review a trial court’s denial of a motion for new trial for an abuse of discretion
• stating that trial court’s decision on a motion for new trial is reviewed for an abuse of discretion

Source: CourtListener parenthetical corpus (CC0).