Bmw Auto Center, Inc. v. River Oaks Bank

OPINION

SEARS, Justice.

BMW Auto Center (“BMW”) appeals from a post-answer default judgment. The trial court rendered a post-answer default judgment for River Oaks Bank, Alan D. Hoover, and Regina E. Hoover when BMW failed to appear for trial. BMW raises five points of error; however, we will deal only with the contention the trial court erred in denying its motion for new trial because it met all criteria necessary to require the setting aside of a post-answer default judgment. We reverse and remand the case for a new trial.

This case involves a claim by River Oaks Bank (“the bank”) against BMW…