Is Default Judgment ''Without a Date'' Final ?
In H.E. Butt Grocery, 808 S.W.2d at 680, the default judgment awarded prejudgment interest, but did not specify the rate or date of accrual.
The defendant (appellant) asserted the judgment was not final.
The court of appeals noted there were three possible authorities under which prejudgment interest could be ordered by the trial court-two statutory and one at common law. Id. (citing to Article 5069-1.03 & 5069-1.05 and Cavnar v. Quality Control Parking, Inc., 696 S.W.2d 549 (Tex. 1985), respectively).
Because the suit was not one for personal injury, wrongful death, or property damage, Article 5069-1.05 did not apply.
Therefore, the question was which of the two remaining authorities (Article 5069-1.03 or Cavnar) would apply. Id.
Because the appellate court could not determine from the record which of the two authorities the trial court applied, the amount of prejudgment interest was not capable of definite ascertainment from its own terms. H.E. Butt Grocery, 808 S.W.2d at 681.
Therefore, the default judgment was not final. Id.