Legal Opinion

Resurgence Financial, LLC v. Taylor

Texas Court of Appeals, 5th District (Dallas)

Decided August 31, 2009No. 05-07-01492-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

Opinion By

Justice RICHTER.

Resurgence Financial, LLC appeals the dismissal of its breach of contract suit against Freeman Taylor. In two issues, Resurgence argues the trial court erred when it dismissed the suit for want of prosecution and denied its motion for default judgment. Because we conclude that Resurgence failed to prove it was entitled to a default judgment, we affirm the trial court’s judgment.

Background

On January 4, 2007, Resurgence filed its original petition against Freeman Taylor asserting a claim for breach of contract for failure to pay a credit card account. The…

2Cases cited11 opinions

  1. Holt Atherton Industries, Inc. v. HeineTexas Supreme Court · 1992
  2. Low v. HenryTexas Supreme Court · 2007
  3. Novosad v. Cunningham, Texas Court of Appeals, 14th District (Houston)2001
  4. Argyle Mechanical, Inc. v. Unigus Steel, Inc., Texas Court of Appeals, 5th District (Dallas)2005
  5. Esparza v. DiazCourt of Appeals of Texas · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Chiste v. Hotels.com L.P.District Court, S.D. New York · 2010
  2. Oliphant Financial, LLC v. Galaviz, Texas Court of Appeals, 5th District (Dallas)2009
  3. Carlos A. Armenta v. TDCJ, Texas Court of Appeals, 6th District (Texarkana)2010
  4. Carlos A. Armenta v. TDCJ, Texas Court of Appeals, 6th District (Texarkana)2010
  5. Henry Hendrickson D/B/A H&M Construction v. Charles Heard, Texas Court of Appeals, 14th District (Houston)2018

4 more not listed; retrieve them via the Exa API.

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