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PECK v. RAY

No. 1466.

601 S.W.2d 165 (1980)

Don PECK and Helicopters, Inc., Appellants, v. Charles RAY, d/b/a, Charles Ray's Welding, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied June 18, 1980.

Attorney(s) appearing for the Case

Roy L. White, Allen & White, San Antonio, Mark Freeland, McAllen, for appellants.

Nathan A. East, Portland, for appellee.

OPINION

YOUNG, Justice.

This is an appeal of an order overruling a motion for new trial that followed the entering of a post-answer default judgment. The post-answer default judgment was entered after defendants, Don Peck and Helicopters, Inc., failed to appear at the trial date after having filed an answer in the cause. The attorney for defendants asserted that he was under the mistaken belief that his request for trial by jury was timely filed and the...

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