Long v. McDermott

I dissent. I would reverse and remand for two reasons.

*6251. No notice of the hearing on damages.

In point of error one, Long complains that the trial court erred in granting a default judgment because he did not have notice of the court’s intention to call this case for trial. The majority holds that after the defendant was served with process and failed to answer, the plaintiff had no legal duty to notify the defendant of the hearing to receive evidence of damages.

The majority relies on a case from our Court, K-Mart Apparel Fashion Corp. v. Ramsey, 695 S.W.2d 243, 246 (Tex.App.—Houston [1st…