NATIONAL VAN LINES, INC. v. LIFSHEN

No. 19660.

584 S.W.2d 298 (1979)

NATIONAL VAN LINES, INC., Appellant, v. J. D. LIFSHEN, Appellee.

Court of Civil Appeals of Texas, Dallas.

April 12, 1979.


Attorney(s) appearing for the Case

A. Paul Clark, III, Eggers & Wylie, Dallas, for appellant.

Carl David Adams, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.


GUITTARD, Chief Justice.

In this appeal from a default judgment, defendant asserts that the trial court erred in overruling its motion for new trial and also complains that the evidence fails to support recovery for damages for mental anguish and an attorney's fee. We hold that the court erred in overruling the motion because it was sufficient to show that defendant's failure to answer was not the result of conscious indifference. We hold also that the court erred...

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