Problematic Default

Estrada v. Boss Exotics, LLC reverses a default judgment, despite finding conscious indifference, because the alleged unliquidated damages were not supported by competent evidence: “On this record, we conclude that appellees’ counsel’s unsworn statement indicating that the balance due on the vehicle was $75,000 does not constitute evidence.”

A dissent questioned whether the majority’s conclusion about conscious indifference is consistent with an extensive line of cases from the Texas Supreme Court about the need to resolve cases on the merits. No. 05-23-00990-CV (Dec. 18, 2024).