Sunbelt Tectonics, Inc. v. Ramirez

The majority holds that the trial court struck Sunbelt’s pleadings for failure to amend, and once the pleadings were struck, the default judgment was proper since no controverted issues of fact remained. I disagree.

The judgment states:

The Court further finds that Defendant, Sunbelt Tectonics, Inc., has failed to appear for the second pre-trial hearing of this cause and accordingly the Court finds that Defendant’s Original Answer should be stricken from the pleadings *776filed in this cause, in its entirety, including Defendant’s Counterclaim alleged against Plaintiff.

The Court further finds that…