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Brenda's Husband, Joe's Dad and Bonny's Brother.

Wednesday, April 15, 2015

Got a Texas State Trial Court Default Judgment? If It's Not Perfect, You Won't Get to Keep It.

Appellate courts don't like trial court default judgments, at least, not in Texas. And Texas state appellate courts have special procedures to reform them. Texas Rule of Appellate Procedure 30  provides that a party that-- basically-- doesn't participate in the trial litigation or timely objects under the usual appellate schedule (That is, Tex.R. App. Proc. 26.1.) has six months to file an appeal-- called a restricted appeal. If reversible error is clearly present on the face of the record, then the default judgment is undone. It doesn't take much error viz. Insurance Co. of the State of Penn. v. Lejeune, 297 S.W.3d 254 (Tex 2009) (per curiam) (clerk's endorsement of the return of citation lacked the time of service).
North American Marine, Inc. v. Charles Heard Law Firm. No. 09-15-00034-CV, (Tex. App.-- Beaumont, Apr. 9, 2015) (mem. op.) (no pet. h.)

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