James E. Pierce, Jr. v. Texas Guaranteed Student Loan Association ( 1993 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN







NO. 3-93-505-CV



JAMES E. PIERCE, JR.,

APPELLANT

vs.





TEXAS GUARANTEED STUDENT LOAN ASSOCIATION,

APPELLEE

FROM THE COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY

NO. 165,343, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

PER CURIAM

Appellant James E. Pierce, Jr. seeks review by petition for writ of error from a judgment of the county court at law of Travis County in favor of appellee Texas Guaranteed Student Loan Association. The parties have filed a joint motion grant writ of error and to reverse the judgment and remand the cause because error appears on the face of the record. See Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d 399, 401 (Tex. 1986) (impermissible in default judgment to award damages in excess of amount specifically pleaded). We grant the motion. Tex. R. App. P. 59(a)(1)(A).

The judgment of the trial court is reversed and the cause remanded for trial on the merits.

Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Reversed and Remanded on Joint Motion

Filed: December 15, 1993

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