Cliff v. Huggins

OPINION

GONZALEZ, Justice.

This is an appeal from a denial of a motion for new trial and to set aside a post-answer default judgment. William H. Huggins brought this action against Jack Cliff alleging fraud and misrepresentation in connection with a joint venture agreement. The trial court rendered a default judgment in the sum of $149,333 in favor of Huggins when Cliff and his attorney failed to appear for trial. The court of appeals affirmed. 696 S.W.2d 175 (Tex.App.1985). That court held that Cliff did not rebut the presumption of receipt of notice of the trial setting that was mailed by the…