Rios v. Texas Bank, 948 S.W.2d 30 (Tex. App. 1997). · Go Syfert
Rios v. Texas Bank, 948 S.W.2d 30 (Tex. App. 1997). Cases Citing This Book View Copy Cite
92 citation events (90 in the last 25 years) across 3 distinct courts.
Strongest positive: Wendy Hernandez v. Saul Islas (txctapp1, 2025-12-31)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 43 distinct citers.
discussed Cited as authority (rule) Wendy Hernandez v. Saul Islas (2×)
txctapp1 · 2025 · confidence medium
Nguyen v. Short, How, Frels & Heitz, P.C., 108 S.W.3d 558, 560 (Tex. App.—Dallas 2003, pet. denied); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) Carl Ralph Daily v. Phil Smith and Law Office of Phil Smith, Texas Bar 18664400
Tex. App. · 2024 · confidence medium
Dakota) N.A., No. 06-06-00037-CV, 2006 WL 3091361 , at *1 (Tex. App.— Texarkana Nov. 2, 2006, no pet.) (mem. op.) (sufficiency of notice of summary judgment hearing must be preserved); Young v. Bella Palma, LLC, No. 14-17-00040-CV, 2022 WL 578442 , at *6 (Tex. App.—Houston [14th Dist.] Feb. 25, 2022, no pet.) (mem. op.) (citing Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no pet.)) (post- judgment motion required to preserve complaint that party did not receive notice of summary judgment motion or hearing).
discussed Cited as authority (rule) Mark Young v. Bella Palma, LLC (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no pet.); see also Garrick v. Autoliv ASP, Inc., No. 14-17-00818-CV, 2018 WL 3385159 , at *2–3 (Tex. App.—Houston [14th Dist.] Jul. 12, 2018, pet. denied) (mem. op.).
discussed Cited as authority (rule) Robert H. Henry Margaret Green Henry, Individually and as Trustee of Margaret Green Henry Trust U/W/O William H. Green, Jr., and as Trustee of Margaret Green Henry Trust U/W/O Elizabeth Moore Green Clayton Moore Henry And Helen Henry Wright v. George Ray Smith, Susan A. Tull and Shannon L. Riley, in the Capacities as Co-Executors of the Estate of C.B. Christie, Jr.
Tex. App. · 2021 · confidence medium
See In re the Guardianship of Jones, 629 S.W.3d 921 , 924 (Tex. 2021); Lehman v. HarCon Corp., 39 S.W.3d 191, 201 (Tex. 2001); Rios v. Tex. Bank, 948 S.W.2d 30, 32 (Tex. App.— Houston [14th Dist.] 1997, no pet.); Wilhite v. H.E.
discussed Cited as authority (rule) Alvin Westley v. J. Spencer Nilsson and Nilsson Legal Group, PLLC
Tex. App. · 2021 · confidence medium
After the trial court asked Nilsson’s attorney for case law to support that argument, Nilsson’s attorney responded, “I don’t have any available, but if the [c]ourt would permit a 10-minute recess . . . perhaps I could come back with that case law.” The trial court granted that request over Westley’s objection, and, after the recess, Nilsson’s attorney provided the court with two cases: Nguyen v. Short, How, Frels & Heitz, P.C., 108 S.W.3d 558, 561 (Tex. App.—Dallas 2003, pet. denied), and Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) John Emmanuel D/B/A First Americo Auto Sale & Repair v. Abigail Izoukumor
Tex. App. · 2020 · confidence medium
Trust Co., No. 14-10-00249-CV, 2011 WL 3717010 , at *2 (Tex. App.—Houston [14th Dist.] Aug. 25, 2011, no pet.) (mem. op.); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.— Houston [14th Dist.] 1997, no pet.). 5 See Garrick, 2018 WL 3385159 , at *2–3; Rios, 948 S.W.2d at 33 . 6 See Garrick, 2018 WL 3385159 , at *2–3; Modelist, 2011 WL 3717010 , at *2; Rios, 948 S.W.2d at 33 . 3 Emmanuel submitted no proof of this allegation, the trial court did not abuse its discretion in denying Emmanuel’s request for a new trial based on this allegation.7 The majority construes Emmanuel’s complain…
discussed Cited as authority (rule) John Emmanuel D/B/A First Americo Auto Sale & Repair v. Abigail Izoukumor
Tex. App. · 2020 · confidence medium
Trust Co., No. 14-10-00249-CV, 2011 WL 3717010 , at *2 (Tex. App.—Houston [14th Dist.] Aug. 25, 2011, no pet.) (mem. op.); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.— Houston [14th Dist.] 1997, no pet.). 5 See Garrick, 2018 WL 3385159 , at *2–3; Rios, 948 S.W.2d at 33 . 6 See Garrick, 2018 WL 3385159 , at *2–3; Modelist, 2011 WL 3717010 , at *2; Rios, 948 S.W.2d at 33 . 3 Emmanuel submitted no proof of this allegation, the trial court did not abuse its discretion in denying Emmanuel’s request for a new trial based on this allegation.7 The majority construes Emmanuel’s complain…
discussed Cited as authority (rule) Clarent Energy Services Inc. and Graham Gilliam v. Icon Bank of Texas, N.A.
Tex. App. · 2019 · confidence medium
See Schied, 2016 WL 3751619 , at *4; Hatler v. Moore Wallace N. Am., Inc., No. 01-07-00181-CV, 2010 WL 375807 , at *2 (Tex. App.—Houston [1st Dist.] Feb. 4, 2010, no pet.) (mem. op.); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no pet.).
discussed Cited as authority (rule) Lilian Garrick v. Autoliv ASP, Inc., Autoliv Safety Technology, Inc., Kia Motors America, Inc., and Kia Motors Corporation (2×) also: Cited "see"
Tex. App. · 2018 · confidence medium
Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no pet.) (citations omitted).
discussed Cited as authority (rule) David Schied v. Michael Ray Merritt
Tex. App. · 2016 · confidence medium
See May v. Nacogdoches Mem’l Hosp., 61 S.W.3d 623, 626 (Tex. App.—Tyler 2001, no pet.); see also Nguyen v. Short, 108 S.W.3d 558, 560 (Tex. App.—Dallas 2003, pet. denied); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) Trent Steven Griffin v. American Zurich Insurance Company (2×)
Tex. App. · 2015 · confidence medium
(Tex. 1985) 11 Okoli v. Texas Dept. of Human Services, 117 S.W.3d 477, 479 (Tex. App.---Texarkana 2003, no pet.) 13 Rios v. Texas Bank, 948 S.W.2d 30, 32-33, n.4 (Tex. App.---Houston [14th Dist.] 1997, no writ) 13 Science Spectrum, Inc. v. Martinez, 941 5.W.2d 910, 911 (Tex. 1997) 13 Smithkline Beecham Corp. v. Doe, 903 S.W.2d 347, 355 (Tex 1995) 14 The Ryland Group, Inc v. Hood, 924 S.W.2d 120, 122 (Tex. 1996) 17 Tom L.
discussed Cited as authority (rule) Fernando Viesca and the Great Step Construction, Inc. v. Nohemi Andrews
Tex. App. · 2014 · confidence medium
See id., 2010 WL 375807 , at *1; see also Nguyen v. Short, 108 S.W.3d 558, 560 (Tex. App.—Dallas 2003, pet. denied); Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) John Margetis and Mickey Margetis v. Frost National Bank
Tex. App. · 2012 · confidence medium
Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) John Margetis and Mickey Margetis v. Frost National Bank
Tex. App. · 2012 · confidence medium
Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) Dionisio G. Torres D/B/A Torres Design & Construction and Torres Design & Construction, Inc. v. Ricardo Garcia and Doris Garcia
Tex. App. · 2012 · confidence medium
See Fertic v. Spencer, 247 S.W.3d 242, 247 (Tex. App.—El Paso 2007, pet. denied); Nguyen v. Short, How, Frels & Heitz, P.C., 108 S.W.3d 558, 560 (Tex. App.—Dallas 2003, pet. denied); May v. Nacogdoches Mem’l Hosp., 61 S.W.3d 623, 626 (Tex. App.—Tyler 2001, no pet.); Rios v. Tex. Bank, 948 S.W.2d 30, 32-33 (Tex. App.—Houston [14th Dist.] 1997, no pet.); Allen v. Roddis Lumber & Veneer Co., 796 S.W.2d 758, 763 (Tex. App.—Corpus Christi 1990, writ denied); see also Timothy Patton, SUMMARY JUDGMENTS IN TEXAS § 2.01[4][b] (3d ed. 2011) (stating that to complain about inadequate notice …
cited Cited as authority (rule) Big H Construction, Inc. v. Richard S. Hensley
Tex. App. · 2011 · confidence medium
May , 61 S.W.3d at 626 ; Rios v. Texas Bank , 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) Paul Hatler v. Moore Wallace North America, Inc.
Tex. App. · 2010 · confidence medium
May , 61 S.W.3d at 626 ; Rios v. Texas Bank , 948 S.W.2d 30, 33 (Tex. App.--Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) Environmental Procedures, Inc. v. Guidry (2×)
Tex. App. · 2009 · confidence medium
Bank, No. 14-05-00925-CV, 2007 WL 763821 , at *2 (Tex.App.-Houston [14th Dist.] Mar. 15, 2007, no pet.) (mem.op.) (holding appellant waived his complaint that trial court gave him no notice of submission date for summary-judgment motion by not raising the objection in the trial court); Babajide v. Citibank (South Dakota), N.A., No. 14-04-00064-CV, 2004 WL 2933575 , at *1 (Tex.App.-Houston [14th Dist.] Dec. 21, 2004, no pet.) (mem. op.) (holding appellant waived her complaint that trial court gave her no notice of summary-judgment hearing by not raising the objection in the trial court); Rios v…
discussed Cited as authority (rule) in the Interest of K.C. and R.C., Children (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Co. v. Price, 845 S.W.2d 427 , 431–32 (Tex. App.—Amarillo 1992, writ dism’d). 13 … Low, 221 S.W.3d at 618 ; May, 61 S.W.3d at 626 ; Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ). 14 … Rios, 948 S.W.2d at 33 ; see May, 61 S.W.3d at 626 . 15 … May, 61 S.W.3d at 627 ; see Rios, 948 S.W.2d at 33 . 5 Thus, Ernesto has waived his right to raise an issue of insufficient notice on appeal.16 We overrule his three issues and affirm the trial court’s judgment.
discussed Cited as authority (rule) in the Interest of K.C. and R.C., Children (2×) also: Cited "see"
Tex. App. · 2008 · confidence medium
Co. v. Price , 845 S.W.2d 427 , 431–32 (Tex. App.—Amarillo 1992, writ dism’d). 13: Low , 221 S.W.3d at 618 ; May , 61 S.W.3d at 626 ; Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [ 14th Dist.] 1997, no writ). 14: Rios , 948 S.W.2d at 33 ; see May , 61 S.W.3d at 626 . 15: May , 61 S.W.3d at 627 ; see Rios , 948 S.W.2d at 33 . 16: Reviewing courts have held that a party must present due process arguments to the trial court in order to pursue them on appeal.
cited Cited as authority (rule) Glenn R. Petty, Jr. v. Howard Management Services, L.P.
Tex. App. · 2008 · confidence medium
May, 61 S.W.3d at 626 ; Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.–Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) Glenn R. Petty, Jr. v. Howard Management Services, L.P.
Tex. App. · 2008 · confidence medium
May , 61 S.W.3d at 626 ; Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex. App.-Houston [14th Dist.] 1997, no writ).
discussed Cited as authority (rule) Fertic v. Spencer
Tex. App. · 2007 · confidence medium
See May v. Nacogdoches Mem’l Hosp., 61 S.W.3d 623, 627 (Tex.App.-Tyler 2001, no pet.); Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex.App.-Houston [14th Dist.] 1997, no writ); see also Tex.R.Civ.P. 166a(c)(Issues not expressly presented to the trial court by written motion, answer, or other re *248 sponse shall not be considered on appeal as grounds for reversal.).
discussed Cited as authority (rule) Samuel Keith Fertic v. Joe A. Spencer
Tex. App. · 2007 · confidence medium
See May v. Nacogdoches Mem'l Hosp. , 61 S.W.3d 623, 627 (Tex.App.--Tyler 2001, no pet.); Rios v. Texas Bank , 948 S.W.2d 30, 33 (Tex.App.--Houston [14th Dist.] 1997, no writ); see also Tex.R.Civ.P. 166a(c)(Issues not expressly presented to the trial court by written motion, answer, or other response shall not be considered on appeal as grounds for reversal.).
examined Cited as authority (rule) Rasak BabJide v. Citibank (South Dakota) N.A. (3×) also: Cited "see"
Tex. App. · 2004 · confidence medium
App. P. 33.1; see also Tanksley v. CitiCapital Commercial Corp. , 145 S.W.3d 760, 764 (Tex. App. C Dallas 2004, no pet. h.); Rios v. Texas Bank , 948 S.W.2d 30, 33 (Tex. App. C Houston [14th Dist.] 1997, no pet.); Coleman v. SB Communications, Inc. , No. 04-99-008890-CV, 2000 WL 1060378 , at *1 (Tex. App. C San Antonio July 19, 2000, no pet.) (not designated for publication). [1] The record does not reflect that Babajide timely filed a motion for new trial.
cited Cited as authority (rule) Silverio Zuniga and Refugia v. Zuniga v. San Benito Consolidated Independent School District
Tex. App. · 2004 · confidence medium
May , 61 S.W.3d at 626 ; Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex. App.–Houston [14th Dist.] 1997, no writ); see Tex. R.
cited Cited as authority (rule) texapp 2003
Tex. App. · 2003 · confidence medium
Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex. App.–Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) Dunn v. Bank-Tec South
Tex. App. · 2003 · confidence medium
Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex.App.-Houston [14th Dist.] 1997, no writ).
cited Cited as authority (rule) texapp 2003
Tex. App. · 2003 · confidence medium
Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex. App.-Houston [14 th Dist.] 1997, no writ).
cited Cited as authority (rule) Arnold Ray Mangum v. Equistar Chemical Company, Velva Nurse, Frank Hastings and Mac Trejo
Tex. App. · 2003 · confidence medium
Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex .
cited Cited as authority (rule) Ajibade v. Edinburg General Hospital
Tex. App. · 2000 · confidence medium
Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex.App.—Houston [14th Dist.] 1997, no writ); Wyatt v. Furr’s Supermarkets, Inc., 908 S.W.2d 266, 270 (Tex.App.—El Paso 1995, writ denied); Lunav.
discussed Cited as authority (rule) Ajibade, Caleb v. Edinburg General Hospital, A/K/A Edinburg Hospital
Tex. App. · 2000 · confidence medium
Rios v. Texas Bank , 948 S.W.2d 30, 33 (Tex. App--Houston [14th Dist.] 1997, no writ); Wyatt v. Furr's Supermarkets, Inc. , 908 S.W.2d 266, 270 (Tex. App.--El Paso 1995, writ denied); Luna v. Estate of Rodriguez , 906 S.W.2d 576, 582 (Tex. App.--Austin 1995, no writ); Davis v. Davis , 734 S.W.2d 707, 712 (Tex. App.--Houston [1st Dist.] 1987, writ ref'd n.r.e.); but see Niemes v. Ta , 985 S.W.2d 132, 137-38 (Tex. App.--San Antonio 1998, pet. dism'd) (failure to object to late response to summary judgment motion did not waive argument that late response was nullity).
cited Cited "see" H3 Cattle, LLC v. Western Livestock Commission Co. Inc.
Tex. App. · 2025 · signal: see · confidence high
See Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited "see" Kennard Law, P.C. v. Lamar Texas Limited Partnership
Tex. App. · 2021 · signal: see · confidence high
See Rios v. Texas Bank, 948 S.W.2d 30 , 31–32 (Tex. App.—Houston [14th Dist.] 1997, no writ) (ordinarily docket entry is not part of record that may be considered by appellate court, though docket entry may be considered in certain situations, such as when necessary to correct clerical errors in judgments or orders); In re Bill Heard Chevrolet, Ltd., 209 S.W.3d 311, 315 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
cited Cited "see" Maria Landa, Individually and on Behalf of the Estate of Elizabeth Landa v. Noe Lira, M.D. and Juan Caceras, M.D.
Tex. App. · 2019 · signal: see · confidence high
See Rios v. Tex. Bank, 948 S.W.2d 30, 32 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited "see" Ronke Olley and Jeff Olley v. ValPlace Houston I-10 West Texas LP, Commonly Known as Value Place Hotel
Tex. App. · 2015 · signal: see · confidence high
See Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ). (6) number and relationship of dependents; (7) nature and amount of debts; (8) nature and amount of monthly expenses; (9) the party’s ability to obtain a loan for court costs; (10) whether an attorney is providing free legal services to the party without a contingent fee; (11) whether an attorney has agreed to pay or advance court costs; and (12) where applicable, the party’s lack of skill or access to equipment to prepare the appendix on appeal.
discussed Cited "see" David Rockwell and Carlene Rockwell v. Wells Fargo Bank, N.A. (2×)
Tex. App. · 2012 · signal: see · confidence high
See Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
discussed Cited "see" David Rockwell and Carlene Rockwell v. Wells Fargo Bank, N.A. (2×)
Tex. App. · 2012 · signal: see · confidence high
See Rios v. Tex. Bank, 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no writ).
cited Cited "see" Robert Williams v. Gyrodata Incorporated
Tex. App. · 2009 · signal: see · confidence high
See Rios v. Tex. Bank, 948 S.W.2d 30, 32-33 (Tex. App.—Houston [14th Dist.] 1997, no pet.). 3 not err in granting the no-evidence motion for summary judgment.
cited Cited "see" Joseph Monk v. Westgate Homeowners' Association, Inc
Tex. App. · 2009 · signal: see · confidence high
See Rios v. Tex. Bank , 948 S.W.2d 30 , 33 n.4 (Tex. App. C Houston [14th Dist.] 1997, no pet.).
cited Cited "see" Edwards, Lawrence v. the Office of the Attorney General of Texas
Tex. App. · 2003 · signal: see · confidence high
See Rios v. Tex. Bank , 948 S.W.2d 30, 33 (Tex. App.—Houston [14th Dist.] 1997, no pet.).
discussed Cited "see" Dhingra, R.K. v. Charterwood Community Improvement Association
Tex. App. · 2003 · signal: see · confidence high
See Rios v. Texas Bank , 948 S.W.2d 30 , 33 n.4 (Tex. App.—Houston [14th Dist.] 1997, no writ); see also Wilson v. General Motors Acceptance Corp. , 897 S.W.2d 818, 820-21 (Tex. App.—Houston [1st Dist.] 1994, no writ).
discussed Cited "see" May v. Nacogdoches Memorial Hospital (2×) also: Cited "see, e.g."
Tex. App. · 2001 · signal: see · confidence high
See Rios v. Texas Bank, 948 S.W.2d 30, 33 (Tex.App.—Houston [14th Dist.] 1997, no writ).
Alfred RIOS, Appellant,
v.
TEXAS BANK, Appellee
14-96-58-CV.
Court of Appeals of Texas.
Jul 24, 1997.
948 S.W.2d 30
Graydon Wilson, Joseph Leo Lanza, Houston, for appellant., Thomas Duncan Kennedy, Houston, for appellee.
Murphy, Anderson, O'Neill.
Cited by 52 opinions  |  Published

OPINION

MURPHY, Chief Justice.

This is an appeal from a judgment granted in favor of Texas Bank in their suit on two promissory notes and an account. In two points of error, appellant, Alfred Rios, challenges the lack of an order granting an interlocutory summary judgment and the lack of timely notice of the summary judgment motion and hearing. We affirm.

Appellee, Texas Bank, filed suit against both appellant and Manuel Rios [1] for failure to pay the amounts due on two promissory notes and against appellant individually for failure to pay the amount due on a credit card account. Texas Bank also alleged claims of fraud and conspiracy against both defendants. On August 23, 1996, Texas Bank filed a motion for summary judgment on the ground there was no material fact issue whether appellant and Manuel Rios owed the amounts allegedly due. In addition to the copies of the promissory notes and the payment records of the notes and account, Texas Bank presented affidavits of Penny Evans, the person responsible for maintaining records at Texas Bank, and of the counsel for Texas Bank regarding attorney’s fees. Texas Bank also filed an amended original petition. The motion for summary judgment was set for hearing on September 18, 1996.

Although Texas Bank claimed to have mailed appellant a copy of the motion on August 23, 1996, appellant alleges he did not receive a copy of the motion for summary judgment or the notice of hearing until September 11,1996. Appellant attempted to file a response on the date of the hearing, but filing was denied. The court held a short hearing and did not orally render summary judgment. No order granting summary judgment was ever signed; however, a docket entry stated the motion was granted.

The case was called for trial on the remaining claims on October 2, 1996. Texas Bank appeared and announced ready, but neither appellant nor Manuel Rios appeared. According to the final judgment, Texas Bank waived the making of a record. The final judgment recites that (1) the defendants had been given all notices required by law but failed to appear, (2) Texas Bank presented evidence on its claims, (3) Texas Bank had previously obtained an interlocutory summary judgment establishing liability against appellant and Manuel Rios, and (4) the interlocutory summary judgment should be made final. Final judgment was rendered in favor of Texas Bank.

Approximately one week after the judge signed the final judgment, appellant filed a motion to reconsider and for rehearing, a motion to strike Texas Bank’s first amended petition, and a motion to quash defective issuance and service of citation. Appellant later filed motions to vacate the judgment. The trial court held a hearing on the motion to reconsider and, during this hearing, denied the motion for reconsideration and for new trial. The record shows no ruling on any of the other motions.

In his first point of error, appellant claims the trial court erred in granting final judgment based on an interlocutory summary judgment because there is no order granting the motion for summary judgment. In addition to the notation in the final judgment, the only reference in the record to the grant of summary judgment is a docket entry. Appellant contends this is insufficient, citing Energo Int’l Corp. v. Modern Indus. Heating, Inc., 722 S.W.2d 149, 151 n. 2 (Tex.App.-Dallas 1986, no writ). Although the Energo court did pronounce that a docket entry is not part of the record that may be considered by an appellate court, the court observed that a docket entry may be considered in certain situations, such as when necessary to correct clerical errors in judgments or orders. Id. Because of the danger of unreliability of docket entries, the Texas Su[*32] preme Court has held that a docket entry must yield to a final judicial order because docket entries “cannot be used to contradict or prevail over a final judicial order,” [2] N-S-W Corp. v. Snell, 561 S.W.2d 798, 799 (Tex.1977).

We need not determine whether the trial court erred in not signing a summary judgment order because the final judgment specifically disposes of all parties and issues. The judgment contains the following orders: (1) that Manuel Rios take nothing on his claims against Texas. Bank; (2) that Texas Bank recover from appellant and Manuel Rios, jointly and severally, the sums due under the two promissory notes; (3) that Texas Bank recover reasonable and necessary attorney’s fees; (4) that Texas Bank recover from appellant the sums due on the credit card account; (5) that Texas Bank recover its costs from appellant and Manuel Rios, jointly and severally; (6) that Texas Bank recover all post-judgment interest from appellant and Manuel Rios, jointly and severally; (7) that Texas Bank have such writs as necessary to enforce the terms of the judgment; and (8) that all relief not granted in the judgment is denied. These orders in the final judgment expressly adjudicate every cause of action pled by Texas Bank and all defenses and claims raised by appellant and Manuel Rios.

In Wilhite v. H.E. Butt Co., 812 S.W.2d 1 (Tex.App.-Corpus Christi 1991, no writ), the appellant complained the summary judgment should be reversed because there was no order specifically addressing the issues allegedly disposed of by summary judgment. Although the court found there was an oral rendition of summary judgment, further evidenced by docket entry, the final judgment contained a Mother Hubbard clause, denying all relief not expressly granted, and this language indicated the judgment disposed of all parties and issues. Id. at 4. Thus, the Corpus Christi court found no reversible error in the trial court’s failure to enter a separate written order granting summary judgment. Id.

Even if the trial court in this case did not sign an order granting summary judgment, the final judgment expressly disposes of all claims and parties. Therefore, we find no reversible error was committed by the trial court in not entering a separate written order granting summary judgment. We further find no reversible error in the final judgment on this ground because the final judgment disposes of all parties and issues. We overrule point of error one.

In his second and final point of error, appellant claims the trial court erred in granting summary judgment because appellant did not receive timely notice of the motion or hearing. Texas Bank argues that appellant has waived any complaint about the late notice because appellant did not raise this complaint in writing at the time of the summary judgment hearing.

Appellant received notice of the motion and hearing within seven days of the hearing date. Rule 166a requires service of the motion for summary judgment at least twenty-one days before the date specified for a hearing on the motion. Tex.R.Civ.P. 166a(c). The non-moyant may not file and serve opposing affidavits or other written response later than seven days before the hearing except on leave of court. Id. If a non-movant receives late notice of the summary judgment motion and hearing, he may file a motion for continuance to obtain the full twenty-one days notice before the hearing and to have time to prepare an adequate response. See White v. Wah, 789 S.W.2d[*33] 312, 319 (Tex.App.-Houston [1st Dist.] 1990, no writ). The motion for continuance should advise the court that Rule 166a(c) makes twenty-one days notice mandatory and that less than the required notice requires a grant of continuance to allow the non-movant the required twenty-one days.

Appellant did not file a motion for continuance or complain of the late notice in his response; however, appellant complained about late notice in two post-judgment motions. Appellant contends case law allows him to raise this argument in post-trial motions.

In Stephens v. Turtle Creek Apts., Ltd., 875 S.W.2d 25 (Tex.App.-Houston [14th Dist.] 1994, no writ), a panel of this Court held that to preserve error, an objection to service of a motion for summary judgment had to be in writing and before the trial court at the summary judgment hearing. [3] Id. at 26; Hudenburg v. Neff, 643 S.W.2d 517, 518 (Tex-App.-Houston [14th Dist.] 1982, writ ref'd n.r.e.), cert. denied, 464 U.S. 937, 104 S.Ct. 348, 78 L.Ed.2d 313 (1983). In Stephens, the appellant received notice six days before the summary judgment hearing, but raised the complaint of late notice in his response. Id. The requirement that the complaint be in writing and before the court at the summary judgment hearing is a requirement applicable to all objections to entry of summary judgment. See City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 677 (Tex.1979).

We believe our holding in Stephens offers the most sensible rule regarding complaints of late notice. A party who has no notice of the summary judgment hearing is unable to attend the hearing and should be able to preserve error by post-trial motion alone. [4] If, on the other hand, a party receives notice that is untimely, but sufficient to enable the party to attend the summary judgment hearing, the party must file a motion for continuance and/or raise the complaint of late notice in writing, supported by affidavit evidence, and before the trial court during the summary judgment hearing. Stephens, 875 S.W.2d at 26-27. To hold otherwise would allow a party who participated in the hearing to he behind the log until after the summary judgment is granted and then raise the complaint of late notice for the first time in a post-trial motion. See Union City Body Co., Inc. v. Ramirez, 911 S.W.2d 196, 202 (Tex.App.-San Antonio 1995, no writ)(holding that a party may not lead a trial court into error and then complain about it on appeal). Furthermore, if a party receives sufficient notice to attend the hearing and does attend the hearing, due process requirements are satisfied.

In this case, appellant had notice of the motion and hearing approximately seven days before the hearing date. Although appellant had time to file a motion for continuance or motion for leave to file a response raising the issue of late notice, he did not do so. [5] Because appellant did not raise his complaint of late notice in writing at the summary judgment hearing, we hold appellant did not preserve error on this ground. Thus, the trial court was within its discretion to grant the motion for summary judgment. Accordingly, we overrule point of error two.

[*34] Appellant has raised no challenges to the final judgment other than his complaints about the summary judgment. Having overruled appellant’s complaints, we affirm the trial court’s judgment.

1

. Manuel Rios is not part of this appeal.

2

. N-S-W was an original proceeding in which the relator sought a mandamus ordering the trial judge to vacate an order reinstating a case more than thirty days after the date of dismissal and after the court had lost jurisdiction. 561 S.W.2d at 798. The docket entry indicated the judge granted the motion to reinstate on a date when the trial court retained jurisdiction, but the actual order reinstating the case recited the motion to reinstate was heard after the court lost jurisdiction. Id. The court conditionally granted mandamus, restating the rule that a docket entry may not impeach a court’s final judicial order. Id. at 799.

The rule against relying on docket entries is in recognition of the danger of allowing a docket entry to prevail over a final judicial order where the two materially conflict. This is distinguishable from the situation before us where the docket entry does not contradict the final judgment, but in fact supports it.

3

.This court has previously held that a non-mov-ant waived a complaint of late notice by not complaining of this in the trial court "before, during, or after the summary judgment hearing.” Negrini v. Beale, 822 S.W.2d 822, 824 (Tex.App.-Houston [14th Dist.] 1992, no writ). The First Court of Appeals found waiver where the appellant did not file both a motion for continuance and a post-trial motion complaining of late notice. White, 789 S.W.2d at 319. Still another variation of this rule is offered by the El Paso court, which found waiver where the appellant did not request a continuance, rehearing, or new trial. Wyatt v. Furr’s Supermarkets, Inc., 908 S.W.2d 266, 270 (Tex.App.-El Paso 1995, writ denied).

4

. Even if the complaint is raised in a post-trial motion, we believe this is a complaint on which evidence must be heard, and therefore, the party must request a hearing, present evidence, and obtain a ruling. See Hatton v. Highlands Ins. Co., 631 S.W.2d 787, 788 (Tex.App.-Tyler 1982, no writ).

5

. Appellant did attempt to file a response, but he did not file a motion for leave to file this untimely response. Leave of court is required when a party attempts to file a response within seven days of the hearing date. TexJR.Civ.P. 166a(c).