Sharm, Inc. v. Martinez

OPINION ON MOTION FOR REHEARING

FEDERICO G. HINOJOSA, Jr., Justice.

We issued our original opinion in this case on December 29,1994. Appellant and appel-lee have both filed motions for rehearing. We withdraw our original opinion and substitute the following as the opinion of the court.

This is an appeal from a no-answer default judgment. Santos Martinez sued Sharm Inc., d/b/a Bingo Gardens, for premises liability in connection with Martinez’s alleged slip and fall on Sharm’s business premises. When Sharm failed to timely answer, a hearing was held on damages and a default judgment was entered…