Barnes v. STONE WAY LTD. PARTNERSHIP

OPINION

DAVID GAULTNEY, Justice.

Sheila Barnes appeals from a default judgment in a forcible detainer action. We conclude the default judgment must be set aside. See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (1939).

Background

Barnes signed a lease for an apartment unit owned by Stone Way Limited Partnership. During her occupancy of the apartment, Barnes and the management had disagreements. Claiming Barnes violated the terms of her lease, Stone Way filed a forcible detainer action against Barnes. The justice court rendered judgment for Stone Way, and Barnes appealed to…