L.B. Foster Co. v. Glacier Energy, Inc.

OPINION

BUTTS, Justice.

This is an appeal from a default judgment. Defendant (L.B. Foster & Co.) brings one point of error: that the trial court erred in overruling defendant’s amended motion for new trial. This court will address two issues raised by counterpoints as to the pleadings: whether the plaintiffs amended motion for new trial was timely filed and whether the original motion for new trial met the requirements to set aside a default judgment.

Pertinent timetable:

1. Default judgment signed. August 27,1985

2. Motion for New Trial filed. September 24,1985

3. 30 days after judgment signed.…