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(DOWNLOAD) "Lavada Hughes v. Habitat Apartments" by Supreme Court of Texas No. D-3519 # eBook PDF Kindle ePub Free

Lavada Hughes v. Habitat Apartments

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eBook details

  • Title: Lavada Hughes v. Habitat Apartments
  • Author : Supreme Court of Texas No. D-3519
  • Release Date : January 10, 1993
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Per Curiam The issue in this case is whether a pauper's affidavit suffices as a pro se answer, entitling a defendant to notice
of a hearing on a motion for default judgment. Ms. Hughes, a pro se defendant, orally answered Habitat's allegations in a
forcible entry and detainer action in the justice court. Habitat prevailed, and Ms. Hughes appealed. Pursuant to her appeal
in the county court, she filed a pauper's affidavit but failed to file a written answer as required by Texas Rule of Civil
Procedure 753. Thus, the county court granted a default judgment in favor of Habitat, although Ms. Hughes was never notified
of the hearing. The court of appeals affirmed the default judgment, holding that a pauper's affidavit did not entitle Ms.
Hughes to notice of the hearing. In Smith v. Lippmann, we held that a defendant's signed letter to the court clerk confirming receipt of the citation, identifying
the case and parties, and providing the defendant's current address, sufficed as a pro se answer, entitling the defendant
to notice of any further proceedings in the case. 826 S.W.2d 137 (Tex. 1992)(per curiam). Under these circumstances, because
the pauper's affidavit supplied the type of information we found adequate for a pro se answer in Lippmann, we hold that Ms.
Hughes was entitled to notice of the hearing on Habitat's motion for default judgment.


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