Opinion
No. 10-03-218-CV
Opinion delivered and filed September 29, 2004.
Appeal from the 66th District Court, Hill County, Texas, Trial Court # 36758.
Affirmed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
This appeal concerns a suit to set aside a sheriff's sale of Appellant's property. The trial court rendered summary judgment for Appellees. We will affirm.
Appellant apparently contends that the trial court's rendition of summary judgment deprived him of the right to a jury trial. Yet the only action of the trial court of which Appellant apparently complains is the denial of a motion for continuance. No motion for continuance appears in the clerk's record of this case, although Appellant attaches to his brief a copy of a motion filed in another case. See Sabine Offshore Serv., Inc. v. City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979); Allen v. Williams, 380 S.W.2d 718, 719 (Tex.Civ.App.-Waco 1964, no writ). The granting of a summary judgment does not improperly deprive a party of the right to a jury trial. Springer v. Am. Zurich Ins. Co., 115 S.W.3d 582, 587 (Tex.App.-Waco 2003, pet. denied); see City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 n. 5 (Tex. 1979). We overrule Appellant's issue. We affirm the judgment.