Pao v. Brays Village East Homeowners Ass'n

OPINION

MIRABAL, Justice.

This is an appeal by writ of error from a default judgment. We affirm.

Appellee, Brays Village East Homeowners Association, brought suit against appellant, Ke-Nan Pao, to collect unpaid annual maintenance assessments. Appellee sought recovery of unpaid principal, interest, and attorneys fees. When appellant failed to file an answer in the lawsuit, the trial court granted default judgment.

To successfully attack a default judgment by writ of error, the petitioner must (1) file the writ within six months after the final judgment is rendered; (2) be a party to the lawsuit;…