Ryan Barganier v. Saddlebrook Apartments

Ryan Barganier v. SaddleBrook Apartments

IN THE

TENTH COURT OF APPEALS

No. 10-01-285-CV

RYAN BARGANIER,

Appellant

v.

SADDLEBROOK APARTMENTS,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 2001-0154-CV2

CONCURRING OPINION

I believe this case is resolved by a straightforward application of Texas Commerce Bank, Nat’l Assn. v. New, 3 S.W.3d 515 (Tex. 1999). Thus, I would address the issues somewhat differently.

Did the Court Hear Evidence Before Granting Default Judgment?

“If the cause of action is unliquidated or be not proved by an instrument in writing, the court shall hear…