Legal Opinion

Custom-Crete, Inc. v. K-Bar Services, Inc.

Texas Court of Appeals, 4th District (San Antonio)

Decided June 12, 2002No. 04-01-00721-CVPublishedCited by 70 opinions

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

  1. Craddock v. Sunshine Bus Lines, Inc.Texas Supreme Court · 1939
  2. Ivy v. CarrellTexas Supreme Court · 1966
  3. Director, State Employees Workers' Compensation Division v. EvansTexas Supreme Court · 1994
  4. Kunstoplast of America, Inc. v. Formosa Plastics Corp.Texas Supreme Court · 1997
  5. LBL Oil Co. v. International Power Services, Inc.Texas Supreme Court · 1989

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3Cited by70 opinions

  1. Limestone Construction, Inc. v. Summit Commercial Industrial Properties, Inc., Texas Court of Appeals, 3rd District (Austin)2004
  2. Guadalupe Economic Services Corp. v. DeHoyos, Texas Court of Appeals, 3rd District (Austin)2005
  3. Ashworth v. Brzoska, Texas Court of Appeals, 14th District (Houston)2008
  4. Jason Felt, Canary Financial, Inc., Jonathan Wassserberg, and Wasserberg Investments, Inc. v. Comerica Bank, Texas Court of Appeals, 14th District (Houston)2013
  5. 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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