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DOWELL SCHLUMBERGER, INC. v. JACKSON

No. 08-86-00297-CV.

730 S.W.2d 818 (1987)

DOWELL SCHLUMBERGER, INC., Duncan Holliman and Gary Boyd, Appellants, v. Darrell JACKSON, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied June 3, 1987.

Second Rehearing Denied July 1, 1987.

Attorney(s) appearing for the Case

Richard Bonner, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Odessa, for appellants.

Ron Ragsdale, Andrews, for appellee.

Before OSBORN, C.J., and FULLER and WOODARD, JJ.

OPINION

OSBORN, Chief Justice.

Can a trial court enter a default judgment after answer time has expired without an answer being filed, but where an answer is filed before an evidentiary hearing is completed and the judgment announced? We conclude that it may not and we reverse and remand.

Darrell Jackson filed suit in May, 1986, against Dowell Schlumberger, Inc., Duncan Holliman and Gary Boyd. Answer day was July 21, 1986. No answer was filed by...

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