State v. Herrera

JOHN E. POWERS, Justice (Retired).

The plaintiffs 1 appeal from a judgment that they take nothing by their action against Arthur L. Herrera, Jr., doing business under the trade name “Nicole’s Diamond Creations.” We will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

The plaintiffs, joining in a single petition, sued Herrera to collect past-due state and local sales taxes, penalties, and interest allegedly owed them. After Herrera appeared and answered in the cause, the plaintiffs obtained a trial setting of August 30, 1999, at 2:00 o’clock p.m. John C. Adams, the…