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TEXAS COMMERCE BANK, NAT. ASS'N v. NEW

No. 98-0744.

3 S.W.3d 515 (1999)

TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, n/k/a Chase Bank of Texas, National Association, Petitioner, v. Robin NEW d/b/a River City Auto Sales and William Pacheco d/b/a Pacheco Motor Car Sales, Respondents.

Supreme Court of Texas.

September 9, 1999.

Attorney(s) appearing for the Case

G. Alan Waldrop, C. W. "Rocky" Rhodes, Barbara M. Ellis, Austin, Susan P. Kravik, Dallas, for Petitioner.

William B. Gammon, William Pacheco, Austin, for Respondents.

PER CURIAM.

Texas Commerce Bank obtained a default judgment against Robin New, d/b/a River City Auto Sales, and William Pacheco, d/b/a Pacheco's Motor Car Sales. To support its motion for default judgment, Texas Commerce presented three affidavits. No oral testimony was taken at the default judgment hearing. On appeal, the court of appeals held that the affidavits, constituting hearsay, were not evidence under Rule 243 of the Texas Rules of Civil Procedure, which...

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