(same); Aguilar v. 21st Century Res., Inc., 349 S.W.3d 32, 35 (Tex. App.-El Paso 2010, no pet.) (same); see also Harris, N.A. v. Obregon, No. 05-10-01349-CV, 2013 WL 3524153, at *5 (Tex. App.- Dallas July 11, 2013, no pet.) ("Harris ultimately received notice and an opportunity to be heard in connection with its motion to reinstate; therefore, Harris was not harmed by the lack of notice and a hearing on the motion to dismiss.")

See Tex. R. App. P. 44.1 ("No judgment may be reversed on appeal on the ground that the trial court made an error of law unless the court of appeals concludes that the error complained of . . . probably caused the rendition of an improper judgment."); see also Harris, N.A. v. Obregon, No. 05-10-01349-CV, 2013 WL 3524153, at *5 (Tex. App.-Dallas July 11, 2013, no pet.) (mem. op.) ("Harris ultimately received notice and an opportunity to be heard in connection with its motion to reinstate; therefore, Harris was not harmed by the lack of notice and a hearing on the motion to dismiss."). CONCLUSION

To prove the claim, a plaintiff swears that the account is "just," and a "just" account can be established by an express agreement, which often is a written contract. See PennWell Corp., 123 S.W.3d at 766; see also Harris, N.A. v. Obregon, No. 05-10-01349-CV, 2013 WL 3524153, at *2, 4-5 (Tex. App.-Dallas July 11, 2013, no pet.) (mem. op.) (directing the trial court to render judgment in a suit on a sworn account where the plaintiff provided a copy of the contract at issue and an affidavit that established an open account balance); Cobalt Operating, LLC v. Associated Supply Co., No. 07-16-00326-CV, 2017 WL 4784937, at *2 (Tex. App.-Amarillo Oct. 18, 2017, no pet.) (mem. op.) (affirming judgment in a suit on a sworn account where the parties entered into a written equipment-rental agreement and the defendant refused to pay charges itemized on an invoice). Here, PLCP sued for breach of contract on a sworn account.

A claim is liquidated if the amount of damages may be accurately calculated by the trial court from the factual, as opposed to the conclusory, allegations in plaintiff's petition and the instrument in writing. See, e.g., Novosad v. Cunningham, 38 S.W.3d 767, 773 (Tex.App.-Houston [14th Dist.] 2001, no pet.) (suit to recover amount due for professional services was a liquidated claim proven by written invoices attached to original petition); Mantis v. Resz, 5 S.W.3d 388, 392 (Tex.App.-Fort Worth 1999, pet. denied), overruled on other grounds, Sheldon v. Emergency Med. Consultants, 43 S.W.3d 701 (Tex.App.-Fort Worth 2001, no pet.) (in a suit on a sworn account, the petition with an attached sworn account and verified affidavit of the account was a liquidated claim proved by written instruments); Harris, N.A. v. Obregon, No. 05–10–01349–CV, 2013 WL 3524153, at *4–5 (Tex.App.-Dallas July 11, 2013, no pet.) (mem. op.) (damages for suit on a sworn account claim were liquidated because pleading provided requisite factual allegations to prove plaintiff's claim). The liquidated damages claimed by appellee were established as a matter of law. SeeTex.R. Civ. P. 93(10), 185.