Robin D. New v. Texas Commerce Bank

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. 97-08490, HONORABLE F. SCOTT McCOWN, JUDGE PRESIDING This appeal arises from a default judgment granted against appellants Robin New d/b/a River City Auto Sales (""New"") and William Pacheco d/b/a Pacheco's Motor Car Sales (""Pacheco"") in favor of appellee Texas Commerce Bank, National Association n/k/a Chase Bank of Texas, National Association (""TCB""). In two points of error, New and Pacheco assert that the trial court abused its discretion in awarding damages and attorneys' fees because: (1) no reporter's record of the default-judgment proceeding was made; (2) no evidentiary hearing was held pursuant to Texas Rule of Civil Procedure 243 to determine unliquidated damages; (3) the evidence was insufficient to support the default judgment; and (4) the pleadings do not support an award for actual damages. We will affirm in part and reverse and remand in part to determine TCB's unliquidated damages and attorneys' fees. BACKGROUND