Handy Andy, Inc. v. Ruiz

OPINION

KENNEDY, Justice.

Handy Andy, Inc. appeals from the grant of a default judgment favoring Adam Ruiz in a garnishment action. We reverse and remand.

Ruiz sought garnishment to collect on a judgment he held against L.E. Wood. Handy Andy received service of the application for writ of garnishment on May 20,1993. A response was filed on behalf of Handy Andy on June 1, 1993. The nature of this response forms the core of the dispute here.

Ruiz’s counsel said that he checked the file on June 15, 1993, and found no response from Handy Andy; he did not receive a copy of the response until much…