Simon v. Banctexas Quorum, N.A.

WHITHAM, Justice.

By petition for writ of error, appellant, Nick Simon, appeals from a default judgment in favor of appellee, BancTexas Quorum, N.A., on a promissory note. In his second point of error, Simon contends that the trial court erred in granting a recovery in excess of the amount pleaded by the bank. We agree. In his first point of error, Simon contends that the trial court erred in holding that the bank’s petition supported a judgment against Simon. We disagree. Accordingly, we grant the petition for writ of error in part, modify the trial court’s judgment and, as modified, affirm.

On…