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BENNETT v. McDANIEL

No. 08-0618.

295 S.W.3d 644 (2009)

Benny BENNETT and Mary Bennett, v. Richard McDANIEL, individually and d/b/a Richard McDaniel, Inc., d/b/a B.R. Roofing, a/k/a B & R Roofing.

Supreme Court of Texas.

August 21, 2009.

Attorney(s) appearing for the Case

James C. Fling, Adkins & Fling, Shamrock, for Petitioner.

Harold H. Pigg, Law Office of Harold H. Pigg, Lubbock, for Respondent.

PER CURIAM.

In this restricted appeal of a post-answer default judgment, the court of appeals held that the plaintiffs presented legally insufficient evidence of damages and rendered a take-nothing judgment. 295 S.W.3d at 681. We agree that the damages evidence was legally insufficient, but the court of appeals' disposition was improper under our recent opinion in Dolgencorp v. Lerma, 288 S.W.3d 922, 929 (Tex. 2009). Accordingly...

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