Cantu-Johnston Pools, Inc. v. Solis

OPINION

TIJERINA, Justice.

This is an appeal from a default judgment in a suit on sworn account. Appellants timely filed an answer but thereafter failed to timely respond to appellee’s request for admissions. The trial court, on appellee’s motion, signed an order deeming the facts admitted. Appellants failed to appear at the time the case was called for trial; consequently, the court rendered default judgment. The motion for a new trial was denied.

In two points of error, appellants urge that the trial court erred in overruling their motion for new trial and in ordering that certain facts be…