CAPROCK CONST. v. GUARANTEED FLOORCOVERING

No. 05-95-00803-CV.

950 S.W.2d 203 (1997)

CAPROCK CONSTRUCTION COMPANY, Appellant, v. GUARANTEED FLOORCOVERING, INC., and Bruce Moreland, Appellees.

Court of Appeals of Texas, Dallas.

July 29, 1997.


Attorney(s) appearing for the Case

Mark M. Donheiser, Munsch, Hardt, Kopf, Harr & Dinan, P.C., D. Randall Montgomery, Alan Brandt Daughtry, James K. Peden, III, Strasburger & Price, LLP, Dallas, for appellant.

Marc H. Richman, Alicia G. Curran, Law Offices of Marc H. Richman, Dallas, for appellees.

Before THOMAS, C.J., and HANKINSON and BRIDGES, JJ.


OPINION

HANKINSON, Justice.

In this appeal by writ of error, we must decide whether a trial court can enter a proper no-answer default judgment when the defendant has not been served with the live pleading, but instead has been served with a superseded pleading. Because we hold that, under these circumstances, a defendant who fails to answer does not admit liability to the live pleading, we reverse the default judgment in this case and remand to the trial...

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