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Wigley v. Leared

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-04-00509-CV (Tex. App. Aug. 19, 2004)

Opinion

No. 14-04-00509-CV

Opinion filed August 19, 2004.

On Appeal from the County Court at Law Washington County, Texas, Trial Court Cause No. 03-70.

Reversed and Remanded.

Panel consists of Justices ANDERSON, HUDSON, and FROST.


MEMORANDUM OPINION


This is an appeal from a default judgment signed November 24, 2003.

In her brief, appellant contends the trial court erred in granting appellees' motion for default judgment and asks that we reverse the judgment and remand the cause to the trial court. The default judgment was based on appellees' motion for default judgment, in which appellees claimed appellant had not filed an answer to the petition. Appellant asserts in her brief that it was error for the trial court to grant a default judgment when an answer was on file. The clerk's record reveals that an answer was filed. Because an answer had been filed, the trial court erred in granting a no-answer default judgment in favor of appellees.

Following the filing of appellant's brief, appellees filed a letter in this court, noting that they were unaware of the filing of the answer and that they were unopposed to reversal of the judgment and remand to the trial court.

Accordingly, the judgment is reversed and the cause remanded to the trial court.


Summaries of

Wigley v. Leared

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-04-00509-CV (Tex. App. Aug. 19, 2004)
Case details for

Wigley v. Leared

Case Details

Full title:TAMMY WIGLEY, Appellant v. DIANE H. LEARED and KAREN R. LEARED, Appellees

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 19, 2004

Citations

No. 14-04-00509-CV (Tex. App. Aug. 19, 2004)