Fluty v. Simmons Co.

OPINION

ROSENBERG, Justice.

Jim Fluty appeals a default judgment rendered in favor of Simmons Company. In one point of error, Fluty contends that the trial court erred in overruling his motion for new trial. We overrule appellant’s point of error. We affirm the trial court’s judgment.

STATEMENT OF FACTS

Simmons Company filed a suit on a sworn account against appellant in his individual capacity. Appellant received service of citation on February 14, 1991. Appellant’s answer was due on March 11, 1991. Since the appellant failed to file an answer by that date, appellee took a default judgment on…