Winston v. Dole

OPINION

WARREN, Justice.

This is an appeal from a post-answer default judgment. The main issue for our determination is whether appellant was afforded notice of trial pursuant to Tex.R. Civ.P. 21a.

Appellees sued appellants alleging that appellants had fraudulently concealed serious structural defects in a home that appel-lees purchased from appellants. Appellants’ attorney filed a general denial, and 18 months later, after giving notice to his clients, opposing counsel, and the court, he withdrew as counsel. Shortly thereafter, appellants employed Hellmut Erwin as counsel. Although he filed no…