Tammy Wigley v. Diane Leared

• Court: Court of Appeals of Texas
• Decided: August 19, 2004
• Docket: 14-04-00509-CV
• Status: Published

Opinion

Reversed and Remanded and Opinion filed August 19, 2004

Reversed and Remanded and Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00509-CV

TAMMY WIGLEY, Appellant

V.

DIANE H. LEARED and KAREN R. LEARED, Appellees

On Appeal from the County Court at Law

Washington County, Texas

Trial Court Cause No. 03-70

M E M O R A N D U M   O P I N I O N

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.

PER CURIAM

Judgment rendered and Opinion filed August 19, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.