Fidelity & Guaranty Insurance Co. v. Drewery Construction Co.

In this suit on a surety bond, Drewery Construction Company, Inc., a subcontractor, obtained a default judgment for $158,181.05 plus interest and attorney’s fees against Fidelity and Guaranty Insurance Company, surety for the general contractor, JenCra, Inc. Fidelity filed a motion for new trial explaining that the service papers had been lost. The trial court denied the motion, and the court of appeals affirmed. 188 S.W.3d 672, 2005 WL 468323. Fidelity asserts three grounds for reversal, the last of which is well-taken. Accordingly, we reverse.

First, Fidelity complains of a minor omission in…