NBS Southern, Inc. v. Mail Box, Inc.

ROWE, Justice.

Appellee, The Mail Box, Inc., brought this third party action against appellant, NBS Southern, Inc., to recover for breach of warranty. The trial court granted a default judgment in favor of Mail Box for $56,907.50 actual damages, $6,000.00 attorney fees, and prejudgment interest at the rate of six percent per annum. In its first point of error, NBS complains that the trial court erred in granting a default judgment in the absence of proof that it had personal jurisdiction over NBS. For the reasons discussed below, we sustain this point of error and reverse the trial court’s…