Barganier v. Saddlebrook Apartments

I believe this case is resolved by a straightforward application of Texas Commerce Bank, Nat’l Assn. v. New, 3 S.W.3d 515 (Tex.1999). Thus, I would address the issues somewhat differently.

Did the Court Hear Evidence Before Granting Default Judgment?

“If the cause of action is unliquidated or be not proved by an instrument in writing, the court shall hear evidence as to damages and shall render judgment there-for_” Tex.R. Civ. P. 243. In New, the Supreme Court held that affidavits may constitute evidence of unliquidated dam*175ages as required by Rule 243. Id. at 517.1

In that case, Texas Commerce…