Caprock Construction Co. v. Guaranteed Floorcovering, Inc.

OPINION

HANKINSON, Justice.

In this appeal by writ of error, we must decide whether a trial court can enter a proper no-answer default judgment when the defendant has not been served with the live pleading, but instead has been served with a superseded pleading. Because we hold that, under these circumstances, a defendant who fails to answer does not admit liability to the live pleading, we reverse the default judgment in this case and remand to the trial court for proceedings consistent with this opinion.

The City of Dallas contracted with appellant Caprock Construction Company and Prather…