[DOWNLOAD] "Norman Communications v. Texas Eastman Company" by In the Supreme Court of Texas * Book PDF Kindle ePub Free

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eBook details

• Title: Norman Communications v. Texas Eastman Company
• Author : In the Supreme Court of Texas
• Release Date : January 30, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

On Application for Writ of Error to the Court of Appeals for the Twelfth District of Texas Norman Communications appealed from a post-answer default judgment by way of writ of error to the court of appeals. Norman alleged two grounds for setting aside the judgment: (1) it did not receive notice of the trial setting; and (2) the evidence was not legally sufficient to support the default judgment. The court of appeals overruled Norman's point of error on lack of notice. The court of appeals then held that it could not reach Norman's claim that the evidence was not legally sufficient to support the default judgment. We conclude that the court of appeals should have reached Norman's legal sufficiency claim. Accordingly, we reverse the court of appeals' judgment and remand this cause to the court of appeals for review of Norman's legal sufficiency point of error. A direct attack on a judgement by writ of error must: (1) be brought within six months after the trial court signs the judgment; (2) by a party to the suit; (3) who did not participate in the actual trial; and (4) the error complained of must be apparent from the face of the record. See Tex. Civ. Prac. & Rem. Code Section(s) 51.013; Tex. R. App. P. 45 1; DSC Finance Corp. v. Moffitt, 815 S.W.2d 551 (Tex. 1991).

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