Howard v. Weisberg

STOREY, Justice.

In this suit for attorneys’ fees, the trial court granted plaintiffs’ motion for summary judgment on the ground that defendant failed to file an answer in the form required by Tex.R.Civ.P. 185. Appellant contends that his answer was not required to comply with Rule 185 because plaintiffs’ petition did not set out a systematic record of charges and payments as required by the rule. We agree with appellant’s contention and reverse and remand.

Rule 185 provides in pertinent part: When any action or defense is founded upon an open account or other claim for goods, wares and…