Henry S. Miller Co. v. Hamilton

OPINION

O’CONNOR, Justice.

We withdraw our earlier opinion of January 31, 1991, and substitute the following. We now reverse and remand.

Henry S. Miller Company (“Miller”) seeks review by writ of error from a default judgment. Miller does not contest liability nor complain of the award of actual damages and attorney’s fees. Miller contests the award of $100,000 “additional” damages under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) 1 and argues that it was not served with the petition on which the default judgement was rendered.

In the fall of 1987, Mark and Dina Hamilton…