Guaranty County Mutual Insurance Co. v. Reyna

Fred Reyna brought a declaratory judgment action against Guaranty Mutual and Trey Bingham to determine coverage on two of Reyna’s vandalized trucks. Reyna later nonsuited the declaratory action and refiled against both defendants under the DTPA. When Guaranty failed to appear on the DTPA claim, Reyna nonsuited Bing-ham and took a default judgment against Guaranty. Guaranty filed a motion for new trial, which the trial court denied. The court of appeals affirmed, 700 S.W.2d 325.

We refuse the application for writ of error, no reversible error. However, we note that the court of appeals erred in…