Shamrock Roofing Supply, Inc. v. Mercantile National Bank at Dallas

GUITTARD, Chief Justice.

Mercantile National Bank at Dallas, as assignee of a material supplier, sued Shamrock Roofing Supply, Inc. for nonpayment of amounts due under a contract. 1 Shamrock filed an answer but failed to appear at trial. After hearing evidence, the trial court rendered judgment against Shamrock. Shamrock filed a motion for new trial but failed to request a hearing before the motion was overruled by operation of law.

On this appeal, Shamrock contends that the trial court erred in allowing its motion for new trial to be overruled by operation of law because the motion and…