Custom-Crete, Inc. v. K-Bar Services, Inc.
Texas Court of Appeals, 4th District (San Antonio)
1Opinion of the Court
OPINION
SANDEE BRYAN MARION, Justice.
In this appeal from a default judgment, a non-attorney corporate representative of appellant, Custom-Crete, Inc., filed a defective answer and attempted to represent Custom-Crete at a trial on the merits. On appeal, Custom-Crete asserts that its answer was sufficient to prevent a no-answer default judgment and the trial court erred in denying its motion for new trial because it did not receive forty-five days’ notice of the trial setting. We agree; therefore, we reverse the trial court’s judgment and remand the cause.
BACKGROUND
Appellee, K-Bar Services,…
2Cases cited17 opinions
- Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
- Ivy v. CarrellTexas Supreme Court · 1966
- Director, State Employees Workers' Compensation Division v. EvansTexas Supreme Court · 1994
- Kunstoplast of America, Inc. v. Formosa Plastics Corp.Texas Supreme Court · 1997
- LBL Oil Co. v. International Power Services, Inc.Texas Supreme Court · 1989
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- Guadalupe Economic Services Corp. v. DeHoyos, Texas Court of Appeals, 3rd District (Austin)2005
- Ashworth v. Brzoska, Texas Court of Appeals, 14th District (Houston)2008
- Jason Felt, Canary Financial, Inc., Jonathan Wassserberg, and Wasserberg Investments, Inc. v. Comerica Bank, Texas Court of Appeals, 14th District (Houston)2013
- in the Interest of K.B.A., B.W.A., and D.J.A., Children, Texas Court of Appeals, 2nd District (Fort Worth)2004
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