Reversed and Remanded and Opinion filed December 1, 2011.

In The Fourteenth Court of Appeals ___________________ NO. 14-10-01038-CV ___________________ ANTONIO NUTALL, Appellant V. AMERICAN EXPRESS CENTURION BANK, Appellee

On Appeal from County Court at Law No. 4 Harris County, Texas Trial Court Cause No. 957534

OPINION This appeal is taken from a default summary judgment entered against Antonio Nutall and in favor of American Express Centurion Bank. In his sole issue, appellant claims the trial court erred in granting judgment because he was never served with appellee’s motion for summary judgment.

Appellee concedes that it was not entitled to judgment because appellant did not receive proper notice of the Motion for Summary Judgment. See Tex. R. Civ. P. 21a.

Appellee requests this matter be remanded to the trial court.

Accordingly, appellant’s issue is sustained. The judgment of the trial court is reversed and the case remanded for further proceedings.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.