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Frazier v. Citibank of SD

Court of Appeals of Texas, Tenth District, Waco
Jun 22, 2005
No. 10-04-00106-CV (Tex. App. Jun. 22, 2005)

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.


Summaries of

Frazier v. Citibank of SD

Court of Appeals of Texas, Tenth District, Waco
Jun 22, 2005
No. 10-04-00106-CV (Tex. App. Jun. 22, 2005)
Case details for

Frazier v. Citibank of SD

Case Details

Full title:KENNETH FRAZIER, Appellant v. CITIBANK SOUTH DAKOTA, N.A., Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Jun 22, 2005

Citations

No. 10-04-00106-CV (Tex. App. Jun. 22, 2005)