Aguilar v. Livingston

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, A1 Aguilar, appeals the trial court’s denial of his motion for default judgment in his suit against appellee, Forrest Livingston, and the subsequent dismissal of the suit for want of prosecution. Because we find that the trial court erred in denying appellant’s motion for default judgment, we reverse and remand.

BACKGROUND

Appellant filed suit against appellee to recover for property damage sustained in an automobile accident. Appellee was served on April 4, 2003; however, he did not answer the suit. Appellant filed a motion for default judgment. On…