Pat Gregg v. Linda M. Cecil

Appellant, Gregg, filed this action on November 2, 1989, against appellee, Cecil, for damages allegedly sustained as a result of medical treatment rendered to Gregg by Cecil on or about November 2, 1987. On September 11, 1991, Cecil filed a motion for summary judgment supported by affidavits by William Powell, M.D. and Linda Cecil, M.D. Gregg received the motion on September 12, 1991, accompanied by notice of hearing on the summary judgment for October 3, 1991, giving him more than 21 days notice in accordance with TEX. R. CIV. P. 166a. On September 24, 1991, Gregg filed a motion for continuance alleging insufficient time to answer appellees motion for summary judgment. For grounds Gregg averred the following: