Wagner v. Crabtree

Full title: ETHEL NELLE WAGNER, Appellant v. GINGER CRABTREE, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Sep 23, 2004

No. 03-04-00241-CV (Tex. App. Sep. 23, 2004)

Opinion

No. 03-04-00241-CV

Filed: September 23, 2004.

Appeal from County Court at Law No. 2 of Travis County, No. 274210, Honorable Orlinda Naranjo, Judge Presiding.

Reversed and Remanded.

Mr. Archie Carl Pierce; Mr. Michael Thompson, Jr.; Wright Greenhill, P.C., Austin, TX, for Appellant.

Mr. Randall D. Terrell; Starbird Terrell, LLP, Austin, TX, for Appellee.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

MEMORANDUM OPINION

W. KENNETH LAW, Chief Justice.

Appellant Ethel Nelle Wagner appeals from the trial court's rendition of a default judgment against her. In two issues on appeal she contends that the default judgment was improperly rendered before the answer date and that insufficient evidence supports the default judgment. Appellee Ginger Crabtree agrees in her brief that the default judgment was rendered before the answer date and should be set aside.

Accordingly, we reverse the trial court's judgment and remand for further proceedings. Tex.R.App.P. 43.2(d).