Bao Pham v. State of Texas--Appeal from 260th District Court of Orange County

State: Texas

Court: Texas Northern District Court

Docket No: 09-01-00062-CR

Case Date: 08/14/2002

Plaintiff: Jamie Lee Bledsoe

Defendant: State of Texas--Appeal from 273rd District Court of Shelby County

Preview:Kenneth Frazier v. Citibank South Dakota, N.A.--
Appeal from County Court at Law No 2 of Brazos
County
IN THE
TENTH COURT OF APPEALS
No. 10-04-00106-CV
Kenneth Frazier,
Appellant
v.
Citibank South Dakota, N.A.,
Appellee
From the County Court at Law No. 2
Brazos County, Texas
Trial Court No. 03-002056-CV-CCL2
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.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
file:///C|/Users/Peter/Desktop/opinions/PDFs1/6600.html[8/20/2013 7:21:22 PM]

Justice Vance, and
Justice Reyna
Reversed and remanded
Opinion delivered and filed June 22, 2005
[CV06]
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