Clugston v. Moore

OPINION

EUBANK, Judge.

The issue raised by this appeal is whether a defendant, who has done nothing that would cause a default judgment to be entered against her, may have summary judgment entered against her based solely on the default judgment entered against a codefendant. We conclude that the trial court erred in entering the summary judgment against appellant and we reverse and remand the case to the trial court.

The procedural history of this case is as follows. Plaintiff-Appellee Jim Ray Clugston filed suit against defendant Martin Joseph Burke to specifically enforce an oral agreement…