Legal Opinion

Isaac v. Westheimer Colony Ass'n, Inc.

Texas Court of Appeals, 1st District (Houston)

Decided September 12, 1996No. 01-95-00764-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

SCHNEIDER, Chief Justice.

By writ of error, Joe Isaac appeals the default judgment rendered against him, awarding Westheimer Colony Association, Inc., $28,456.30 in compensatory damages and $75,000 in exemplary damages. Westh-eimer did not file an appellate brief in this cause. We reverse and remand for a new trial.

In four points of error, appellant contends the trial court erred: (1) in granting default judgment because service of process was defective; (2) in granting default judgment because the petition fails to state a valid cause of action; (3) in failing to appoint an attorney to…

2Cases cited4 opinions

  1. Stubbs v. StubbsTexas Supreme Court · 1985
  2. Cahill v. LydaTexas Supreme Court · 1992
  3. Terry v. HowardCourt of Appeals of Texas · 1976
  4. Albin v. TYLER PRODUCTION CREDIT ASS'NCourt of Appeals of Texas · 1981

3Cited by5 opinions

  1. Burke v. LewisUtah Supreme Court · 2005
  2. Montgomery v. R.E.C. Interests, Inc., Texas Court of Appeals, 6th District (Texarkana)2004
  3. Montgomery v. R.E.C. Interests, Inc., Texas Court of Appeals, 6th District (Texarkana)2004
  4. Tony Montgomery, Individually and as of the Estate of Donnie M. Wilson v. R.E.C. Interests, Inc., Texas Court of Appeals, 6th District (Texarkana)2004
  5. in the Interest of E.D., a Child, Texas Court of Appeals, 2nd District (Fort Worth)2018

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