Bluebonnet Financial Assets v. Miller

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Bluebonnet Financial Services appeals a take-nothing judgment entered in favor of its debtor, Mr. Marvin Miller. Because we conclude the trial court erred by determining Mr. Miller filed an answer, we will reverse the take-nothing judgment and render judgment for Bluebonnet as to liability and liquidated damages.

Bluebonnet Financial Assets (“Bluebonnet”) filed suit against Marvin Miller in December 2006, for breach of contract, accounts stated, quantum merit, and unjust enrichment, claiming Mr. Miller was in default on a credit card account the…