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Resurgence Financial, L.L.C. v. Curry

Because the evidence offered by appellant did not provide sufficient information to calculate the interest due on the outstanding account balance, the trial court was not able to calculate the amount of damages accurately based on the factual allegations in order to render appellant a liquidated damage award. Furthermore, appellant's evidence was insufficient to support the default judgment requested. El Paso Court of Appeals, No. 08-07-00291-CV, 11-12-1009

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OPINION

Resurgence Financial, L.L.C. (“Resurgence”) appeals the dismissal of its breach of contract action against Ethel L. Curry (“Ms. Curry”) for her alleged failure to pay on a credit card account. Resurgence contends the trial court erred by dismissing the action for want of prosecution and denying its motion for default judgment. We affirm.

On January 12, 2007, Resurgence filed an action against Ms. Curry to recover amounts due for failure to pay on a credit card account. The petition stated that Citibank and Ms. Curry entered into an Account Agreement that allowed her to obtain cash advances and purchase goods and services at places that honored the credit card. Ms. Curry promised to pay for the account but failed to do so and owes Resurgence, who now owns the account, in the amount of at least $10,746.69 including interest at 6 percent from November 1, 2006 until paid per the documentation attached to Resurgence’s petition and attorney’s fees as provided for in the Account Agreement.

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