Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749 (Tex. App. 1986). · Go Syfert
Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749 (Tex. App. 1986). Cases Citing This Book View Copy Cite
74 citation events (32 in the last 25 years) across 1 distinct court.
Strongest positive: CST Permian, Inc. v. SW Fluids, LLC (texapp, 2024-05-09)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) CST Permian, Inc. v. SW Fluids, LLC
Tex. App. · 2024 · confidence medium
P. 185; see also Panditi, 180 S.W.3d at 927 ; Nguyen v. Short, How, Frels & Heitz, P.C., 108 S.W.3d 558, 562 (Tex. App.—Dallas 2003, pet. denied); Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.).
discussed Cited as authority (rule) Rhino Contractors, LLC v. Vulcan Construction Materials, LP (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.–Houston [1st Dist.] 1986, writ ref’d n.r.e.).
discussed Cited as authority (rule) American Idol, General, LP D/B/A the REO, and Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc. (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Co., No. 13-02-688-CV, 2004 Tex. App. LEXIS 11319 , *9, n.5 (Tex. App.—Corpus Christi Dec. 16, 2004, no pet.) (mem. op.)……...………….25 Benson v. Gaston, No. 12-13-00287-CV, 2014 Tex. App. LEXIS 2753 , *3-4, n.2 (Tex. App.—Tyler Mar. 12, 2014, pet. denied)…………………………….8, 28, 29 Burkett v. Welborn, 42 S.W.3d 282, 286 (Tex. App.—Texarkana 2001, no pet.)......................................................................................................................8, 25 Cantu v. Peacher, 53 S.W.3d 5, 10 (Tex. App.—San Antonio 2001, pet. denied)………�…
discussed Cited as authority (rule) Larry Long, Appellant/Cross-Appellee v. Miken Oil, Inc. and Mike Tate, Appellees/Cross-Appellants
Tex. App. · 2014 · confidence medium
Solano v. Syndicated Office Sys., 225 S.W.3d 64, 67 (Tex. App.—El Paso 2005, no pet.); Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.–Houston [1st Dist.] 1986, writ ref’d n.r.e.).
discussed Cited as authority (rule) Dibco Underground, Inc., and Liberty Mutual Insurance Co. v. JCF Bridge & Concrete, Inc.
Tex. App. · 2010 · confidence medium
"General statements contained in an affidavit without description of specific items are insufficient to comply with Rule 185." Jones , 621 S.W.2d at 438 ; see also Panditi , 180 S.W.3d at 927 (regular billing statements sufficient); Powers v. Adams , 2 S.W.3d 496, 499 (Tex. App.--Houston [14th Dist.] 1999, no pet.) (itemized monthly statements of services rendered listing offsets, payments, and credits sufficient); Enernational Corp. v. Exploitation Eng'rs, Inc. , 705 S.W.2d 749, 750-51 (Tex. App.--Houston [1st Dist.] 1986, writ ref'd n.r.e.) (dated invoices showing work performed sufficient).
discussed Cited as authority (rule) Dibco Underground, Inc., and Liberty Mutual Insurance Co. v. JCF Bridge & Concrete, Inc.
Tex. App. · 2010 · confidence medium
“General statements contained in an affidavit without description of specific items are insufficient to comply with Rule 185.” Jones, 621 S.W.2d at 438 ; see also Panditi, 180 S.W.3d at 927 (regular billing statements sufficient); Powers v. Adams, 2 S.W.3d 496, 499 (Tex. App.—Houston [14th Dist.] 1999, no pet.) (itemized monthly statements of services rendered listing offsets, payments, and credits sufficient); Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750-51 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.) (dated invoices showing work performed suffic…
discussed Cited as authority (rule) Darrell K. Wallander v. Texoma Community Credit Union
Tex. App. · 2009 · confidence medium
Code Ann. §§ 9 .610–.611.6 These statutory 5 … Enernational Corp. v. Exploitation Eng’rs, Inc., which is relied upon by Wallander in his brief, regarded only a summary judgment on the pleadings based on compliance with rule 185; it did not concern a separately-filed and independently-supported summary judgment motion under other rules of civil procedure. 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist. ] 1986, writ ref’d n.r.e.). 6 … Although Wallander’s argument on appeal relies on these sections, he did not discuss or even cite either provision in his two-page summary judgme…
discussed Cited as authority (rule) Darrell K. Wallander v. Texoma Community Credit Union
Tex. App. · 2009 · confidence medium
The agreement stated that Wallander still had to pay any debt remaining after the property had been sold. 3: At the time of the 2005 loan, the parties valued Wallander’s car at $7,875. 4: Because of the accrual of interest since filing its petition, Texoma sought $4,341.96 in damages in its summary judgment motion, along with $1,500 in attorney’s fees. 5: Enernational Corp. v. Exploitation Eng’rs, Inc. , which is relied upon by Wallander in his brief, regarded only a summary judgment on the pleadings based on compliance with rule 185; it did not concern a separately-filed and independent…
cited Cited as authority (rule) Hinojosa Auto Body & Paint, Inc., D/B/A Capital Collision, GP Eric A. Hinojosa & Erik Pampalone v. FinishMaster, Inc.
Tex. App. · 2008 · confidence medium
Ctr. , 885 S.W.2d 264, 267 (Tex. App.--Tyler 1994, no writ); Enernational Corp. v. Exploitation Eng'rs, Inc. , 705 S.W.2d 749, 750 (Tex. App.--Houston [1st Dist.] 1986, writ ref'd n.r.e.).
cited Cited as authority (rule) Hinojosa Auto Body & Paint, Inc., D/B/A Capital Collision, GP Eric A. Hinojosa & Erik Pampalone v. FinishMaster, Inc.
Tex. App. · 2008 · confidence medium
Ctr., 885 S.W.2d 264, 267 (Tex. App.—Tyler 1994, no writ); Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.).
discussed Cited as authority (rule) Sanders v. Total Heat & Air, Inc.
Tex. App. · 2008 · confidence medium
See Sundance Oil Co. v. Aztec Pipe & Supply Co., Inc., 576 S.W.2d 780, 780-81 (Tex.1978) (per curiam) (sworn account not prima facie proof of debt where plaintiffs invoices contained names of two different companies raising fact question as to whether defendant was party to transaction); Airborne Freight Corp. v. CRB Marketing, Inc., 566 S.W.2d 573, 574 (Tex.1978) (per curiam) (“[A] sworn account is not prima facie evidence of the debt as against a stranger to the transaction.”); Enemational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex.App.-Houston [1st Disk] 1986, writ r…
examined Cited as authority (rule) Bruce Clifton v. American Express Centurion Bank (4×) also: Cited "see"
Tex. App. · 2007 · confidence medium
See Panditi v. Apostle , 180 S.W.3d 924, 927 (Tex. App.-Dallas 2006, no pet.) (billing statements); Powers , 2 S.W.3d at 499 (itemized monthly statements of legal services reflecting offsets, payments, and credits); Enernational Corp., 705 S.W.2d at 750-51 (dated invoices appearing to show dates when services were rendered) .
cited Cited as authority (rule) Livingston Ford Mercury, Inc. v. Haley
Tex. App. · 1999 · confidence medium
Enerntional Corp. v. Exploitation Engineers, 705 S.W.2d 749, 750 (Tex.App.—Houston [1st Dist.] 1986, writ ref'd n.r.e.).
discussed Cited as authority (rule) Clemons v. Denson (2×)
Tex. App. · 1999 · confidence medium
Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749, 751 (Tex.App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.) (holding that the rule in Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388 , 133 S.W.2d 124 (1939), that favors parties appealing default judgments, did not apply because a summary judgment is granted only if the movant's proof is sufficient as a matter of law, not because the non-movant fails to appear.) .Rule 166a(c) provides that at least 21 days must pass from the date the summary judgment motion and supporting affidavits are filed and served before the court…
discussed Cited as authority (rule) Huffine v. Tomball Hospital Authority (2×)
Tex. App. · 1998 · confidence medium
Co., 787 S.W.2d 575, 579 (Tex.App.—Houston [1 st Dist.] 1990, writ denied); Enernational Corp. v. Exploitation Eng’rs., Inc., 705 S.W.2d 749, 751 (Tex.App.—Houston [1 st Dist.] 1986, writ ref d n.r.e.).
examined Cited as authority (rule) Medina v. Western Waste Industries (4×) also: Cited "see, e.g."
Tex. App. · 1998 · confidence medium
Co., 787 S.W.2d 575, 579 (Tex.App.—Houston [1st Dist.] 1990, writ denied); Enernational Corp. v. Exploitation Engineers, 705 S.W.2d 749, 751 (Tex.App—Houston [1st Dist.] 1986, writ ref d n.r.e.) (all refusing to apply Craddock to unopposed summary judgments); and Bell v. State Dept. of Highways and Public Transp., 902 S.W.2d 197 (Tex.App.—Houston [1st Dist.] 1995, no writ) (Cohen, J. concurring) (confessing error in joining the majority opinion in Enemational to the extent that case held Craddock does not apply to unopposed summary judgments).
discussed Cited as authority (rule) Jatoi v. Decker, Jones, McMackin, Hall & Bates
Tex. App. · 1997 · confidence medium
Co., 787 S.W.2d 575, 579 (Tex.App.—Houston [1st Dist.] 1990, writ denied); Ener national Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749, 751 (Tex.App.—Houston [1st Dist.] 1986, writ ref'd n.r.e.); Krchnak v. Fulton, 759 S.W.2d 524, 529 (Tex.App.—Amarillo 1988, writ denied); Crime Control, 712 S.W.2d at 552 ; Costello v. Johnson, 680 S.W.2d 529, 531 (Tex.App.—Dallas 1984, writ ref'd n.r.e.).
examined Cited as authority (rule) Bell v. State Department of Highways & Public Transportation (4×)
Tex. App. · 1995 · confidence medium
I take the unusual but not unprecedented step of concurring to my own opinion in order to express concerns about some language in Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749, 751 (Tex. App.—Houston [1st Dist.] 1986, writ ref'd n.r.e.), and Rabe v. Guaranty Nat'l Ins.
discussed Cited as authority (rule) Washington v. McMillan
Tex. App. · 1995 · confidence medium
Co., 787 S.W.2d 575, 579 (Tex.App. — Houston [1st Dist.] 1990, writ denied); Ener national Corp. v. Exploitation Engr’s, 705 S.W.2d 749, 751 (Tex.App.— Houston [1st Dist.] 1986, writ refd n.r.e.) (both refusing to apply Craddock)-, contra Gonzalez v. Surplus Ins.
discussed Cited as authority (rule) Andrews v. East Texas Medical Center-Athens (2×)
Tex. App. · 1994 · confidence medium
Enernational Corp. v. Exploitation Engineers, 705 S.W.2d 749, 750 (Tex.App.—Houston [1st Dist.] 1986, wilt ref'd n.r.e.).
discussed Cited as authority (rule) Surface Preparation and Coating Enterprises, Inc. D/B/A Space, Inc., and International Fidelity Insurance Co. v. Safway Scaffolds (2×) also: Cited "see"
Tex. App. · 1992 · confidence medium
Enernational Corp. v. Exploitation Eng'rs, Inc. , 705 S.W.2d 749, 750 (Tex. App. 1986, writ ref'd n.r.e.); Brown , 557 S.W.2d at 560 ; see Hidalgo v. Surety Sav. & Loan Ass'n , 462 S.W.2d 540 , 543 n.1 (Tex. 1971).
discussed Cited as authority (rule) Rabe v. Guaranty National Insurance Co.
Tex. App. · 1990 · confidence medium
Enemational Corp. v. Exploitation Eng’r, 705 S.W.2d 749, 751 (Tex.App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.); contra Krchnak v. Fulton, 759 S.W.2d 524, 529 (Tex.App.—Amarillo 1988, writ denied).
discussed Cited as authority (rule) Detox Industries, Inc. v. Leeds
Tex. App. · 1989 · confidence medium
Although it has been written that the reasons Detox gives in justification for a new trial have no application to an appeal from the granting of summary judgment, Enernational Corp. v. Exploitation Engineers, 705 S.W.2d 749, 751 (Tex.App.-Houston [1st Dist.] 1986, writ ref’d n.r.e.), there is a more compelling reason why a new trial was not merited.
discussed Cited as authority (rule) Krchnak v. Fulton
Tex. App. · 1988 · confidence medium
However, in Enemational Corp. v. Exploitation Engineers, 705 S.W.2d 749, 751 (Tex.App. — Houston [1st Dist.] 1986, writ ref’d n.r.e.), the Court, without noting the Costello case, and citing City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979), held that the Crad-dock standard was not applicable to an appeal from a summary judgment.
cited Cited as authority (rule) Texas Department of Corrections v. Sisters of St. Francis of St. Jude Hospital
Tex. App. · 1988 · confidence medium
Enemational Corp. v. Exploitation Eng’rs, 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.).
cited Cited "see" David VanVelzer v. American Builders & Contractors Supply Co., D/B/A ABC Supply Co., Inc.
Tex. App. · 2025 · signal: see · confidence high
See Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.); see also Clifton v. Am.
examined Cited "see" Mega Builders, Inc. and Mega Texas Realty, Inc. v. American Door Products, Inc. D/B/A A.J. May, Inc., Pearland Industries and Versatrac (3×) also: Cited "see, e.g."
Tex. App. · 2013 · signal: see · confidence high
See Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex. App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.).
discussed Cited "see" Southern Management Services, Inc. v. SM Energy Company
Tex. App. · 2013 · signal: see · confidence high
See Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 751 (Tex.App.-Houston [1st Dist.] 1986, writ ref'd n.r.e); see also Lar- *356 con Petroleum, Inc. v. Autotronic Sys., Inc., 576 S.W.2d 873, 876 (Tex.App.-Houston [14th Dist.] 1979, no writ) (holding that statement was sufficient under old rule where, in addition to listing the nature of each item charged, the statement contained just the invoice date, the ticket number, the amount charged, the amount paid, and the remaining balance).
cited Cited "see" Paul A. Butler and Afton J. Butler v. Hudson & Keyse, L.L.C
Tex. App. · 2009 · signal: see · confidence high
See Enernational Corp. v. Exploitation Eng'rs, Inc., 705 S.W.2d 749, 750 (Tex. App. C Houston [1st Dist.] 1986, writ ref'd n.r.e.).
cited Cited "see" Loc Thi Nguyen v. Short, How, Frels & Heitz, P.C.
Tex. App. · 2003 · signal: see · confidence high
See Enernational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex.App.-Houston [1st Dist.] 1986, writ ref'd n.r.e.).
discussed Cited "see" Powers v. Adams (2×)
Tex. App. · 1999 · signal: see · confidence high
See Enemational Corp. v. Exploitation Eng’rs, Inc., 705 S.W.2d 749, 750 (Tex.App.—Houston [1st Dist.] 1986, writ ref'd n.r.e.).
cited Cited "see" Trevathan v. State
Tex. App. · 1987 · signal: see · confidence high
See Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749, 751 (Tex.App-Houston [1st Dist.] 1986, writ ref’d n.r.e.).
cited Cited "see" Culp v. Hawkins
Tex. App. · 1986 · signal: see · confidence high
See Enernational Corp. v. Exploitation Engineers, Inc., 705 S.W.2d 749 (Tex.App.—Houston [1st Dist.], 1986, no writ).
Retrieving the full opinion text from the archive…
ENERNATIONAL CORPORATION, Appellant,
v.
EXPLOITATION ENGINEERS, INC., Appellee
01-85-0546-CV.
Court of Appeals of Texas.
Jan 30, 1986.
705 S.W.2d 749
1986 Tex. App. LEXIS 12007
William E. Kendall, Barsalou & Associates, Houston, for appellant., Barnet B. Skelton, Jr., Skelton & Skelton, Houston, for appellee.
Bass, Cohen, Hoyt.
Cited by 46 opinions  |  Published

OPINION

HOYT, Justice.

The trial court granted summary judgment against the appellant, Enernational Corporation (“Enernational”), on a sworn account in the amount of $31,991.73, plus post-judgment interest, attorney’s fees, and costs. Enernational filed a general denial and did not respond to the motion for summary judgment of the appellee, Exploitation Engineers, Inc. (“Exploitation”). We affirm.

In three points of error, Enernational contends that the trial court erred in granting the motion for summary judgment because the sworn account was deficient and did not constitute prima facie proof of the debt allegedly owed by it. This contention is premised on the notion that the invoices upon which the claim was based did not include the dates that the services were allegedly rendered nor state that Enerna-tional was the party for which the services were rendered, and that its general denial was therefore sufficient to raise a fact issue. In its fourth and fifth points of error, Enernational contends that the trial court abused its discretion in denying Ener-national’s motion for new trial because Exploitation failed to meet its burden as a matter of law, and because the evidence on the motion for new trial established that Enernational’s failure to file a response to the motion for summary judgment was not intentional or the result of conscious indifference on its part, but was due to accident or mistake.

When a nonmovant fails to file a required sworn written denial in a case on a sworn account, the movant is entitled to a summary judgment on the pleadings, because noncompliance with Tex.R.Civ.P. 185 conclusively establishes that there is no defense. Special Marine Products, Inc. v. Weeks Welding & Construction, Inc., 625 S.W.2d 822, 825 (Tex.App. — Houston [14th Dist.] 1981, no writ). If, however, there is a deficiency in the movant’s sworn account under rule 185, the sworn account does not constitute prima facie evidence of the debt. A general denial is sufficient to controvert the movant’s case, and the sworn account will not support a summary judgment. Lotex Trading Corp. v. Pan American Product Corp., 650 S.W.2d 475, 475-76 (Tex. App. — Houston [14th Dist.] 1983, no writ).

Under the version of rule 185 in effect prior to April 1, 1984, in order to sustain a summary judgment on the pleadings, the sworn account was required to “show with reasonable certainty the nature of each item sold, the date of each sale and the charges therefor.” Id. at 475. Since Lotex, rule 185 was amended to make the requirement of particularity in component parts of an account a matter of pleadings. Tex.R.Civ.P. 185. The amended rule says, “No particularization or description of the nature of the component parts of the account or claim is necessary unless the trial court sustains special exceptions to the pleadings.” Id.

[*751] Each of Exploitation’s invoices is dated, and it appears that these dates were the dates the services were rendered. If Ener-national had any question regarding the dates, it was required to file a special exception asking for particularity. In the absence of a special exception, we hold that the appellee’s sworn account was not deficient for lack of specificity. Enernational’s first point of error is overruled.

Enernational next contends that the invoices upon which Exploitation bases its claim do not name Enernational as the party for which the services were allegedly rendered. “[A] sworn account is not prima facie evidence of the debt as against a stranger to the transaction.” Airborne Freight Corp. v. CRB Marketing, Inc., 566 S.W.2d 573, 574 (Tex.1978). This exception to the rule 185 requirements of a sworn denial is applied where the movant’s own pleadings and exhibits reflect that the non-movant was not a party to the original transaction, Jeff Robinson Building Co. v. Scott Floors, Inc., 630 S.W.2d 779, 781 (Tex.App. — Houston [14th Dist.] 1982, writ ref’d n.r.e.), or where the movant’s pleadings and exhibits raise a fact question of whether the nonmovant was a party to the transaction. Sundance Oil Co. v. Aztec Pipe & Supply Co., 576 S.W.2d 780, 780-81 (Tex.1978).

In Sundance Oil Co., the Supreme Court found that a fact question was raised because the movant’s invoice, which was a “joint interest statement,” contained not only the name of the nonmovant, but also the name of another company. In the present case, each invoice is addressed to Enernational Corporation, but also contains the name of another company or person under the heading of “Project.” We find that the information naming other companies is descriptive of the project and does not raise a fact question regarding which company was a party to the transaction. Enernational’s second point of error is overruled.

Enernational’s contentions, that its general denial was sufficient to raise a fact issue and that Exploitation failed to meet its burden of proof as a matter of law, are both dependent on a finding that Exploitation’s sworn account was sufficiently deficient that a rule 185 denial was not required. These contentions are based upon the assumption that Exploitation’s invoices raised a fact question as to which of the named parties the services were rendered or as to the dates the services were rendered. We overrule Enernational’s third and fourth points of error.

Enernational’s fifth and last contention is that its motion for new trial should have been granted because the evidence at the hearing established that its failure to file a response to Exploitation’s motion for summary judgment was not intentional, or the result of conscious indifference on its part, but was due to accident or mistake. Enernational also argues that its motion for new trial set up a meritorious defense and that granting the motion would occasion no delay or otherwise work an injury to Exploitation.

Enernational’s fifth point of error must be overruled for two reasons. First, the contention is based upon the requirements for granting a new trial after a default judgment. Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124 (1939). These requirements have no application to an appeal from the granting of a summary judgment. Enernational answered the lawsuit, but failed to respond to the motion for summary judgment. A summary judgment is not granted because a nonmovant fails to answer, but because the movant’s summary judgment proof is sufficient as a matter of law. City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979).

Enernational cites Martin v. Allman, 668 S.W.2d 795 (Tex.App. — Dallas 1984, no writ), in which the court of appeals found that the appellant was entitled to a new trial on a sworn account, because he had met the requirements of Craddock. Martin involved a default judgment for failure to appear when the case was called to trial, not a summary judgment trial.

[*752] Second, even if the requirements of Craddock were applicable, Enernational has not met them. The third requirement of Craddock, that the motion for new trial be filed at a time when the granting thereof will occasion no delay or otherwise work an injury to the plaintiff, has been interpreted to mean that the party seeking the new trial must offer to pay the other party’s reasonable expenses of obtaining the default judgment and also state that it is ready, willing, and able to go immediately to trial. Stone Resources, Inc. v. Barnett, 661 S.W.2d 148, 152 (Tex.App. — Houston [1st Dist.] 1988, no writ). Enernational has not done this; therefore, its fifth point of error is overruled.

Having overruled all of Enernational’s points of error, we affirm the judgment of the trial court.