HB & WM, INC. v. Smith

OPINION

BISSETT, Justice. 1

This is an appeal by the defendants HB & WM, Inc., d/b/a Lone Star Volkswagen, and Gene Horn from a default judgment. We reverse and remand.

Patricia J. Smith filed suit against HB & WM, Inc. d/b/a Lone Star Volkswagen, Gene Horn and John Witt on April 24,1989, to recover damages based on alleged violations of the Deceptive Trade Practices— Consumer Protection Act (“DTPA”). Default judgment was rendered against all defendants on August 28, 1989, wherein it was decreed that plaintiff recover $23,-716.00 as “statutory damages,” prejudgment interest in the amount of…