"But at the same time, the defendants filed a no-evidence motion for summary judgment, listing 63 separate points where they claimed the plaintiffs lacked evidence. And instead of ensuring the plaintiffs were properly notified - or that someone was actually representing them - the motion and hearing notice were served on Ogle's office, even though the defense knew he had died."
"I have attempted to conduct a conference with Plaintiffs' counsel, but I have been informed that he is deceased. When I place calls to his office, there is no answer and the voice mail is full. When I have written to his office by email, I get no response. As best I know, Plaintiffs are not represented by counsel at this time."
The case arose from an alleged rear-end by an 18-wheeler against plaintiffs represented by attorney Scott Ogle, who died in December 2023. Defendants requested a continuance because of Ogle's death, which the trial court granted, yet defendants then filed a no-evidence motion for summary judgment listing 63 points of alleged evidentiary deficiency. The motion and hearing notice were served on Ogle's office despite defendants acknowledging his death and inability to reach counsel. A new attorney appeared two days before the hearing and sought a continuance; the hearing proceeded, summary judgment was granted, and the appellate court reversed.
Read at Above the Law
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