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Smith v. Holmes

After the appellant denied that he received notice, the appellees were required to do something more than show that someone at the prison's address had received the notice.

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Pierre R. Smith appeals from a post-answer default judgment for $18.5 million rendered in favor of appellees Scott Holmes, Laura Hines, and their minor daughter, T.H. He contends that the judgment is invalid because appellees did not prove that he received proper notice of the trial date. We will reverse the judgment and remand the cause for further proceedings.

Appellees sued Smith to recover civil damages resulting from Smith’s aggravated sexual assaults of T.H., the minor daughter of Holmes and Hines. *fn1 Smith filed a response, but failed to respond to appellees’ requests for admissions. About two years after the unanswered requests were deemed admitted by operation of rule, *fn2 appellees appeared uncontested at trial and obtained a judgment against Smith and in favor of T.H. for $2.5 million in actual damages and $10 million in punitive damages, and in favor of Holmes and Hines each for $1 million in actual damages and $2 million in punitive damages.

Smith filed a motion for new trial stating that he had not received notice of the trial setting. He supported this assertion with an unsworn declaration. See Tex. Civ. Prac. & Rem. Code Ann. �� 132.001-.002 (West 1997). *fn3 This motion was overruled without a hearing and by operation of rule. See Tex. R. Civ. P. 329b(c).

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