Opinion
No. 10-04-00106-CV
Opinion delivered and filed June 22, 2005.
Appeal from the County Court at Law No. 2, Brazos County, Texas, Trial Court No. 03-002056-CV-CCL2.
Reversed and remanded.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Frazier brings this restricted appeal of the trial court's default judgment. See TEX. R. APP. P. 30; TEX. R. CIV. P. 239. We reverse.
In Frazier's first issue, he contends that the trial court erred in rendering default judgment after Frazier had filed an answer. In Frazier's second issue, he contends that the trial court erred in rendering default judgment without notice to Frazier. Frazier contends that he filed his answer at 10:30 A.M. on his appearance day, and that the trial court rendered judgment fifteen days later. See TEX. R. CIV. P. 237. Citibank does not contest this. See TEX. R. APP. P. 38.1(f). The trial court erred. See TEX. R. CIV. P. 21a, 239, 245; Davis v. Jefferies, 764 S.W.2d 559, 560 (Tex. 1989) (per curiam); Cliff v. Huggins, 724 S.W.2d 778, 779 (Tex. 1987). We sustain Frazier's issues.
Having sustained Frazier's issues, we reverse and remand for further proceedings.