Caruso v. Krieger

BRADY, Justice.

Virginie Caruso filed this petition for writ of error to reverse a default judgment for $21,450.00, rendered in favor of respondent, David Krieger. Appellant argues that the trial court erred in granting a default judgment for money damages to appellee when his petition sought only specific performance. We will reverse the judgment of the trial court, and remand for a new trial.

Appellee filed an original petition on June 19, 1984, asking for specific performance. The suit was predicated on an earnest money contract. Appellant was served with citation, but failed to answer. No…