Civil Procedure Keyed to Yeazell
Peralta v. Heights Medical Center
The Appellee, Heights Medical Center, Inc. (Appellee), sued the Appellant in February 1982, to collect $5600 due under Appellant’s guarantee of a hospital debt incurred by one of his former employees. Appellant did not appear or answer and default judgment was entered. Two years later, Appellant began a bill of review proceeding in the Texas courts to set aside the default judgment. In his second amended petition, Appellant alleged that he had not been personally served. Thus, the default judgment was void under Texas Law. Appellee filed a motion asserting that in a bill of review proceeding such as Appellant filed, it must be shown the Appellant had a meritorious defense to the action in which the default judgment had been entered. The Texas courts held in favor of Appellee. The Supreme Court of the United States (Supreme Court) granted certiorari.
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