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Civil Procedure Keyed to Yeazell
Peralta v. Heights Medical Center
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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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