in Re Daryl Barnes and Demeatrice Goff, 01-15-00496-CV

Case No. 201234954 in Harris County, Texas, involving Daryl Barnes and Demeatrice Goff as Relators against Kevin Fulton and National Housing Development Corp.
Relators filed a petition for rehearing and motion for new trial seeking relief from a summary judgment in favor of defendants.
The record shows confusion over notices and purported hearings, with contention that service and notice were improper.
Defendants allegedly served notices incorrectly (Notice of Hearing vs Notice of Submission), leading to contention that the merits could not be properly decided.
On November 2014, Judge Gomez issued an order reopening the case and voiding the prior judgment, and resetting the no-evidence summary judgment matter.
Petitioners certified and submitted documentary evidence asserting lack of proper service and urging relief to create a complete appellate record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the summary judgment void for lack of proper service?	Barnes	Gomez	Yes; judgment void; relief granted
Should the judgment be reopened and the case reset for further proceedings?	Barnes	Gomez	Yes; case reopened and judgment void
Does the record justify due process relief given service irregularities and notice confusion?	Goff	Fulton/NDI	Yes; due process concerns addressed by relief

Zapata v. ACF Indus., Inc., 43 S.W.3d 584 (Tex. App.—Houston [1st Dist.] 2001) (new trial may be sought without precluding later summary judgment)
Stanley v. CitiFinancial Mortg. Co., 121 S.W.3d 811 (Tex. App.—Beaumont 2003) (granting a new trial may not preclude subsequent summary judgment)
Ashworth, 274 S.W.3d 329 (Tex. App.—Houston [14th Dist.] 2010) (due process and notice considerations in post-answer defaults)
Strawder v. Thomas, 846 S.W.2d 51 (Tex. App.—Corpus Christi 1992) (void judgment when service is defective and party not served)