Fletcher v. Blair

The majority purport to nullify (“vacate”) a trial-court judgment without first finding that it results from reversible error; indeed, the majority do so consciously and expressly without “addressing the merits of the appeal.” We have no power to nullify in this manner a trial-court judgment that is presumed on appeal to be free of error and valid in all respects. I therefore dissent.

THE MAJORITY OPINION

Fletcher perfected an appeal from a trial-court default judgment imposed as a discovery sanction. She contended the judgment was erroneous under TransAmerican Natural Gas v. Powell, 811 S.W.2d…