Charles Angelo v. Champion Restaurant Equipment Company

Champion Restaurant Equipment Company sued Charles Angelo and Angelos Fishermans Wharf Restaurant on April 24, 1981 to recover the balance due on an open account. Angelo did not answer, and a default judgment was rendered on February 6, 1985. On February 27, 1985, Angelo filed a motion for new trial claiming that after the suit had been filed payment was made in full. The trial court overruled the motion for new trial. The court of appeals, with one judge dissenting on motion for rehearing, affirmed. 702 S.W.2d 209. The court held that although the motion for new trial satisfied the requirements of showing failure to answer was due to accident or mistake and setting up a meritorious defense, it failed to satisfy the trial court that movants were ready to go promptly to trial and would reimburse plaintiff for all costs incurred in obtaining a default judgment. We reverse and remand.