Masterson v. Cox

OPINION

ANDELL, Justice.

The essential question in this appeal is whether a trial court has the authority to enforce its orders by hearing evidence and rendering a post-answer default judgment at a pretrial conference, when the non-appearing defendant has notice of the conference but does not have notice of a hearing on the merits. We hold that the trial court exceeded its authority in taking such action. We reverse and remand to the trial court.

This is an appeal of a post-answer default judgment for $25,000 against appellant, Mary Frances Masterson, and in favor of Gigi Cox, appellee, rendered…