Legal Opinion
Dowell Schlumberger, Inc. v. Jackson
Texas Court of Appeals, 8th District (El Paso)
Decided April 29, 1987No. 08-86-00297-CVPublishedCited by 12 opinions
1Opinion of the Court
OPINION
OSBORN, Chief Justice.
Can a trial court enter a default judgment after answer time has expired without an answer being filed, but where an answer is filed before an evidentiary hearing is completed and the judgment announced? We conclude that it may not and we reverse and remand.
Darrell Jackson filed suit in May, 1986, against Dowell Schlumberger, Inc., Duncan Holliman and Gary Boyd. Answer day was July 21, 1986. No answer was filed by 10:00 a.m. on that date. At that time, counsel for Mr. Jackson asked the court to call the case. After one other short hearing at 10:00 which apparently…
2Cases cited6 opinions
- Comet Aluminum Company v. DibrellTexas Supreme Court · 1970
- World Company v. DowTexas Supreme Court · 1926
- Terehkov v. CruzCourt of Appeals of Texas · 1983
- Western Union Telegraph Co. v. SkinnerCourt of Appeals of Texas · 1910
- Palacios v. RayburnCourt of Appeals of Texas · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- $429.30 in United States Currency v. State, Texas Court of Appeals, 1st District (Houston)1995
- Toliver v. Dallas Fort Worth Hospital Council, Texas Court of Appeals, 5th District (Dallas)2006
- Erma J. Matthews v. Jerome Solomon C/O Epoch Films, Inc. Mindy Goldberg, and Others, Texas Court of Appeals, 3rd District (Austin)2015
- Janet Alvarez v. Paul Kirk and Keith McDaniel, Texas Court of Appeals, 4th District (San Antonio)2004
- Larry L. Posey v. State, Texas Court of Appeals, 7th District (Amarillo)2005
7 more not listed; retrieve them via the Exa API.