law-restricted-appeal | default judgment | motion for new trial | sufficiency of service of citation in civil suit |
bill of review cases |
A party can prevail in a restricted appeal only if:
(1) it filed notice of the restricted appeal within six months after the judgment was signed; (2) it was a
party to the underlying lawsuit; (3) it did not participate in the hearing that resulted in the judgment
complained of and did not timely file any postjudgment motions or requests for findings of fact and
conclusions of law; and (4) error is apparent on the face of the record. Alexander v. Lynda’s Boutique,
134 S.W.3d 845, 848 (Tex. 2004) (citing Tex. R. App. P. 26.1(c), 30, and Quaestor Inv., Inc. v. State of
Chiapas, 997 S.W.2d 226, 227 (Tex. 1999)).
RESTRICTED APPEAL CASES FROM THE TEXAS SUPREME COURT
Insurance Company of the State of Pennsylvania v. Lejeune, No. 08-0829 (Tex. Oct. 30, 2009)(per curiam)
(restricted appeal of default judgment, error on the face of the record, time of service not noted on return of
citation)("Here, although Lejeune served Insurance Co. by certified mail, the record shows that the return of
citation lacks the required notation showing the hour of receipt of citation. Lejeune’s default judgment, therefore,
cannot stand.")
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. EDWARD LEJEUNE; from Red River County; 6th
district (06-07-00142-CV, 261 SW3d 852, 08-20-08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
Per Curiam Opinion
Ginn v. Forrester, No. 08-0163 (Tex. Mar. 27, 2009)(per curiam)(absence of evidence of notice insufficient to
satisfy requirement of error on face of the record for purpose of restricted appeal)
EMMANUEL GINN, A&R TRANSPORT, INC., KEITH JACKSON, STEVE BRANTLEY v. JEFF
FORRESTER AND KIM FORRESTER; from Harris County; 14th district (14-06-00549-CV, ___ SW3d ___,
01-10-08)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals’ judgment and renders judgment.
Per Curiam Opinion
Koa Holdings, LP v. Young, No. 07-0197 (Tex. June 13, 2008) (Hecht) (restricted appeal, default judgment)
(partnership law, defendant not sued and not properly served in individual capacity, default judgment not
proper) KAO HOLDINGS, L.P., D/B/A SEBRING APARTMENTS AND WILLIAM KAO v. ANNIE LEE YOUNG; from
Harris County; 14th district (14-05-00398-CV, 214 SW3d 504, 11-21-06)
motion to take judicial notice denied
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court modifies the court of appeals' judgment and affirms that judgment as modified.
Justice Nathan Hecht delivered the opinion of the Court.
COURTS OF APPEALS DECISIONS IN RESTRICTED APPEALS
09-0498
BEDRIJE HAJDARI SEYMOUR v. FLOYD DAVID SEYMOUR; from Harris County; 14th district (14-07-00280-CV,
___ SW3d ___, 02-24-09, pet. denied Sep. 2009) (restricted appeal requisites, non-participation at trial, waiver
of citation, appearance)