Seeley v. KCI USA, INC.

Opinion by:

PAUL W. GREEN, Justice.

Donald Seeley and Kern Medical, Inc. file this restricted appeal, seeking to set aside a default judgment entered on the suit on sworn account and breach of contract action brought against them by KCI USA, Inc. (“KCI”). We reverse the trial court’s judgment and remand this cause for further proceedings.

Background

On July 12, 2000, KCI filed its Plaintiffs Original Petition, listing Kern Medical as a named defendant. On August 28, 2000, the trial court granted a no-answer default judgment, awarding KCI $98,753.55 in damages. KCI then filed Plaintiffs First…