Ashworth v. Brzoska

OPINION

JEFF BROWN, Justice.

A post-answer default judgment was entered against appellant, Douglas Ash-worth, who failed to appear for trial because he did not receive notice of the trial setting. The trial court declined to grant a new trial, ruling that Ashworth’s nonappearance resulted from his failure to provide a correct, updated mailing address. We hold that the trial court abused its discretion by refusing to grant a new trial. Therefore, we reverse the trial court’s judgment and remand this cause for a new trial.

BACKGROUND

In May 2003, appellee, Richard Brzoska, sued Ashworth, along with…