Milam v. Miller

DODSON, Justice.

The issue presented by this appeal is whether an answer mailed at a post office prior to the answer deadline is timely filed under Texas Rule of Civil Procedure 5 even though received by the clerk’s office after the deadline. 1 Plaintiffs Eddie Miller and Carl Galub (collectively referred to as Miller) sued David Milam, an individual doing business as Ostrich of Texas (Milam), for actual contractual and consequential damages. The trial court rendered a no answer default judgment against Milam for $100,000. We reverse and remand. 2

Miller filed his original petition on March 12,…