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WISEMAN v. LEVINTHAL

No. 01-91-00334-CV.

821 S.W.2d 439 (1991)

J.W. WISEMAN, Appellant, v. Robert LEVINTHAL. M.D., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 6, 1992.

Attorney(s) appearing for the Case

Charles Kaufman, Edward Lindsay, Houston, for appellant.

Jarrett A. Glazer, Houston, for appellee.

Before TREVATHAN, C.J., and O'CONNOR and COHEN, JJ.

OPINION

O'CONNOR, Justice.

The only issue here is whether the defendant satisfied the requirements for setting aside the judgment. The trial court granted Robert Levinthal, M.D., the plaintiff, a post-answer default judgment against J.W. Wiseman, the defendant, when Wiseman failed to appear at trial. We find that the defendant did not satisfy the requirements for setting aside the judgment and we affirm.

This is an appeal, voluntarily accelerated...

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