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Shamrock Oil Co. v. Gulf Coast Natural Gas, Inc.

The appellant's failure to answer and the appellee's failure to request amendment of the defective return constitute an equality of derelictions requiring reversal of the default judgment.

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REVERSED AND REMANDED

OPINION

The appellants, Shamrock Oil Company, Stephen F. Melton,*fn1 and Laura Melton, appeal from a judgment entered against them in favor of the appellees, Gulf Coast Natural Gas, Inc., Talisman Oil & Gas Company, and Raccoon Bend Exploration, L.L.C. After striking Shamrock’s answer in a sanctions order and defaulting the Meltons for non-appearance, the trial court entered a final judgment against all appellants jointly and severally for $3,574,890.83. Because we find the record supports neither the sanctions nor the default order, we reverse the judgment and remand for new trial.

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