Williams v. McSwain

CLAYTON, Justice.

Appellee brought this action seeking damages under the Texas Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. § 17.41, et seq. (Vernon Supp.1977). Appellant did not file an answer, and default judgment was granted awarding appellee *584the sum of $6,750 (treble damages), plus attorney’s fees.

Appellant was served with citation on December 20, 1978; appearance day was January 15, 1979. No answer having been filed, the court entered a default judgment on January 22, 1979. Appellant filed his motion to set aside default judgment on February 1, 1979, and amended the motion on…