Unreported / Non-Citable
Background
Transamerica Life Insurance Company sued Shawn Michael Burleson, Eric Snyder, and Does 1–10 over $92,500 in annuity payments allegedly issued after annuitant David James Jaggers died. According to the complaint, Burleson misrepresented that Jaggers was alive on January 2, 2019, concealed that Jaggers had died on December 16, 2018, and retained payments Transamerica continued making through February 18, 2022.
Burleson was served but did not answer or otherwise appear, and the clerk entered default against him. The court previously declined to enter default judgment because Snyder had answered and Transamerica sought joint and several liability. After Transamerica dismissed Snyder and the Doe defendants, it renewed its motion for default judgment against Burleson.
The Court’s Holding
The court held that default judgment was procedurally warranted. Burleson had notice and an opportunity to respond, the grounds for default were clearly established, and nothing indicated that his failure to participate resulted from excusable neglect or a good-faith mistake.
Taking the complaint’s well-pleaded allegations as admitted, the court found a sufficient basis to hold Burleson liable for money had and received and Texas common-law fraud. But it held Transamerica’s requests for $92,500 in damages and $30,312.02 in attorney’s fees and costs in abeyance because the company did not adequately support them with evidence. The court likewise deferred prejudgment interest, post-judgment interest, and entry of final default judgment.
The court permitted Transamerica to supplement its motion by July 3, 2026, with precise evidentiary support for damages, fees, and costs. It warned that failure to supplement would result in denial of those requests and entry of final default judgment.
Key Takeaways
- A defendant’s default admits well-pleaded factual allegations, but the court must still determine whether those allegations establish viable claims.
- Transamerica established Burleson’s liability for money had and received and fraud based on the complaint’s admitted allegations.
- Even after liability is established by default, damages and attorney’s fees require competent, sufficiently detailed evidence; conclusory assertions and heavily redacted billing records were inadequate.
Why It Matters
The order illustrates the distinction between establishing liability by default and proving the relief to be awarded. A plaintiff cannot rely solely on a defendant’s nonappearance to obtain damages, fees, or costs when those amounts are not established through detailed affidavits, records, or other evidence.
It also shows why unresolved claims against answering defendants can delay default judgment when joint and several liability is sought. Here, dismissal of the remaining defendants removed that obstacle, but the court still postponed final judgment pending adequate proof of monetary relief.