Summary Judgment

Kelly v. Demoss Owners Ass’n, 71 S.W.3d 419 (Tex. App.—Amarillo 2002, no pet.). (Notice)
A party may not contend that notice is untimely when the party does not challenge the proper service in her response, fails to accept certified mail, does not offer any evidence that service was not received, and invites error by failing to promptly file a designation of new address with court.

Tom Peden and Paula Peden v Stephen Pohl,No. 01-08-00373-CV, 2009 WL 2882933 (Tex. App.—Houston [1st Dist.] Sept. 10, 2009) (mem. op.). (Judicial Estoppel; Out of State Proceedings)
In a landowner’s negligence suit against surveyor for erroneously identifying an easement as a utility easement, rather than a right-of-way easement, judicial estoppel and quasi-estoppel do not apply, even though the landowners had prevailed on a prior claim against the city that the easement did not burden the property. The owners' positions in two proceedings were not “clearly inconsistent.” When a local suit is enjoined in an out of state proceeding that must be given full faith and credit, the suit may be dismissed without prejudice in order to preserve the plaintiff’s rights in the other state.