Thomas v. Gelber Group, Inc.

OPINION

EDELMAN, Justice.

William Thomas, d/b/a Sinclair Gas Marketing (“Thomas”), appeals by writ of error a default judgment on the grounds that: (1) his answer was on file at the time the default judgment was signed; (2) following entry of the default judgment, appellee, The Gelber Group (“Gelber”), knowingly failed to certify Thomas’ last known mailing address correctly to the clerk; (3) the return of citation was not properly signed by the officer who executed it; and (4) attorney’s fees were not recoverable under the contract between the parties. We reverse and remand.

Gelber filed suit…