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SUTTON v. HISAW & ASSOCIATES

No. 05-01-00002-CV.

65 S.W.3d 281 (2001)

Randy SUTTON, Appellant, v. HISAW & ASSOCIATES GENERAL CONTRACTORS, INC. and Richard L. Hisaw Individually, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 14, 2002.

Attorney(s) appearing for the Case

Robert Smith Morris, Hammerle Law Firm, Denton, for Appellant.

Jeffrey Robert Sandberg, McGuire, Craddock & Strother, P.C., Dallas, for Appellees.

Before Justices KINKEADE, MARTIN RICHTER, and FRANCIS.

OPINION

MARTIN RICHTER, Justice.

In this restricted appeal, Randy Sutton contends the trial court erred in rendering a post-answer default judgment in favor of Hisaw & Associates General Contractors, Inc. and Richard L. Hisaw individually (collectively Hisaw), because the evidence is legally and factually insufficient. We agree with Sutton that the evidence is legally insufficient and, therefore, reverse the trial court's judgment.

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