[DOWNLOAD] "Texas Commerce Bank v. New" by Texas Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Texas Commerce Bank v. New
Author : Texas Supreme Court
Release Date : January 09, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

Texas Commerce Bank obtained a default judgment against Robin New, d/b/a River City Auto Sales, and William Pacheco, d/b/a Pachecos Motor Car Sales. To support its motion for summary 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 requires that the trial court "hear evidence" on unliquidated damages. The court of appeals further held that even if affidavits constitute evidence under Rule 243, these affidavits were not legally sufficient to support the trial courts judgment. Accordingly, the court of appeals affirmed on the issue of New and Pachecos liability and reversed and remanded for a new trial on the issue of unliquidated damages and attorneys fees.