Caldwell v. Parc Chateau Apartments Ltd.

Almeator Caldwell appeals the trial court’s decision granting summary judgment to Parc Chateau Section I Associates, L.P. “Section I”. For reasons that follow, we affirm.

To prevail on summary judgment, the movant “must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.”1 So viewed, the record shows that Caldwell sued Parc Chateau Apartments, Ltd. “PCAL” on January 12, 1998 for damages allegedly sustained when she fell at the Parc Chateau Apartments on February 1, 1996. PCAL failed to answer Caldwell’s complaint, and the trial court entered a default judgment. PCAL subsequently moved to set aside the judgment, arguing that it had not been properly served and that it had never owned, managed, or “had any involvement at all” in the Parc Chateau Apartments. With the parties’ consent, the trial court set aside the default judgment and dismissed Caldwell’s claims against PCAL.