Bennett Interests, Ltd. v. Koomos

OPINION

KENNEDY, Justice.

Appellee brought suit under the Deceptive Trade Practices Act. The trial court granted appellee a judgment by default, and awarded appellee with $10,000.00 in damages and $3,000.00 in attorneys’ fees. Appellants bring two points of error. We affirm in part and reverse and remand in part,

Appellants, by their first point of error, complain that the trial court erred in failing to set aside the default judgment.

A default judgment is set aside and a new trial ordered when the failure of the defendant to answer before judgment was not intentional, or the result of conscious…