Legal Opinion

Fairdale Ltd. v. Sellers

Texas Supreme Court

Decided December 8, 1982No. C-1376PublishedCited by 29 opinions

1Opinion of the Court

CAMPBELL, Justice.

This is an appeal of the denial of a motion to set aside a default judgment and to grant a new trial. Deanne S. Sellers was awarded a default judgment against Fair-dale, Limited. Fairdale’s motion to set aside the default judgment and to grant it a new trial was denied by the trial court. The court of appeals affirmed the trial court judgment. Opinion unpublished. Tex.R.Civ.P. 452.

A default judgment must be supported by a petition which states a cause of action. Griswold v. Carlson, 151 Tex. 246, 249 S.W.2d 58 (1952). In determining if a cause of action has been pleaded, the…

2Cases cited2 opinions

  1. Stoner v. ThompsonTexas Supreme Court · 1979
  2. Griswold v. CarlsonTexas Supreme Court · 1952

3Cited by29 opinions

  1. First National Bank of Irving v. Shockley, Texas Court of Appeals, 13th District1983
  2. Benavides v. Cushman, Inc., Texas Court of Appeals, 1st District (Houston)2006
  3. Village Square, Ltd. v. Barton, Texas Court of Appeals, 4th District (San Antonio)1983
  4. Wilson v. Bloys, Texas Court of Appeals, 3rd District (Austin)2005
  5. Jackson v. Julian, Texas Court of Appeals, 5th District (Dallas)1985

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