Legal Opinion

Barganier v. Saddlebrook Apartments

Texas Court of Appeals, 10th District (Waco)

Decided March 26, 2003No. 10-01-285-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

TOM GRAY, Justice.

Barganier signed a residential lease for an apartment with Saddlebrook. Barganier defaulted on the lease. Saddlebrook sued Barganier for money damages. Bar-ganier did not file an answer. The trial court entered a no-answer default judgment. Barganier filed this appeal. We affirm the judgment.

ISSUES ON APPEAL

Barganier brings four inter-related issues on appeal: 1) Saddlebrook’s cause of action was for unliquidated damages, thus, the trial court was required to hold a hearing before granting default judgment; 2) the lack of a reporter’s record of the hearing requires…

2Cases cited8 opinions

  1. Cain v. BainTexas Supreme Court · 1986
  2. Holt Atherton Industries, Inc. v. HeineTexas Supreme Court · 1992
  3. Texas Commerce Bank, National Ass'n v. NewTexas Supreme Court · 1999
  4. Stokes v. Aberdeen Insurance Co.Texas Supreme Court · 1996
  5. K-Mart Apparel Fashions Corp. v. Ramsey, Texas Court of Appeals, 1st District (Houston)1985

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. SHERMAN ACQUISITION II LP v. Garcia, Texas Court of Appeals, 10th District (Waco)2007
  2. Robert Sutherland, Jesus De La Garza, and Southern Customs Paint and Body v. Robert Keith Spencer, Texas Court of Appeals, 13th District2010
  3. Barganier v. Saddlebrook Apartments, Texas Court of Appeals, 10th District (Waco)2003
  4. Chloe's Concepts, LLC, Robert Conner and Sarah Conner v. Clear Rainbow, Inc., Texas Court of Appeals, 5th District (Dallas)2021
  5. EMCC INC., Assignee in Interest to REVGRO NATIONS v. Tony W. Johnson, Texas Court of Appeals, 10th District (Waco)2006

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