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Kelly v. Demoss Owners Association

Because the appellant did not promptly file a designation of new address, she cannot complain on appeal that the trial court erred in rendering summary judgment, notwithstanding her contention that she was not afforded 21 days notice under Texas Rule of Civil Procedure 166a(c).

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Appellant Rosalind A. Kelly presents this appeal from a summary judgment that she take nothing against Demoss Owners Association and Association Management, Inc. (the Association) on her action for damages allegedly caused by the wrongful foreclosure of her condominium unit by the Association. By her first issue, Kelly contends the trial court erred in rendering summary judgment because the Association did not serve the motion 21 days before the hearing. By her second issue, she contends the trial court erred in granting summary judgment because the Association’s summary judgment proof was legally insufficient. Based upon the rationale expressed herein, we affirm.

Kelly purchased a condominium in the Demoss subdivision in 1987. Beginning in June 1993 and continuing thereafter, Kelly established a history of delinquent and partial payments on her monthly maintenance assessment. Because of her defaults, the Association foreclosed on the condominium. After the foreclosure, Kelly was notified of the sale and was given 90 days to redeem the property, which she failed to do. On October 4, 1996, Kelly, a member of the State Bar of Texas residing in St. Thomas, Virgin Islands, filed the underlying action against the Association contending that the foreclosure was wrongful, additionally seeking damages for slander, intentional infliction of emotional distress, negligent infliction of emotional distress, and breach of contract. Proceding pro se, she signed the petition which stated her mailing address to be:

Rosalind A. Kelly Pro Se 11237580 P.O. Box 308004 St. Thomas, U.S.V.I. 00802

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