O'HARA v. Hexter

AKIN, Justice.

Appellee, Louis Hexter, sued appellant, John O’Hara, on an alleged loan evidenced by a letter agreement. O’Hara answered by filing a general denial, and Hexter moved for summary judgment which was denied. Thereafter, the cause was set for trial, but O’Hara failed to appear and judgment was rendered against him following a hearing before the court. O’Hara filed a timely motion for new trial which the trial court overruled. Although the judgment is not technically a default judgment, we hold that the trial court’s discretion in ruling on the motion for new trial is subject to the…