(Download) "Transworld Financial Services Corporation v. J. Hugh Briscoe Et Ux" by Supreme Court of Texas No. C-5138 # eBook PDF Kindle ePub Free
eBook details
- Title: Transworld Financial Services Corporation v. J. Hugh Briscoe Et Ux
- Author : Supreme Court of Texas No. C-5138
- Release Date : January 07, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
J. Hugh and Jacqueline Briscoe filed a bill of review to set aside a default judgment rendered against them in favor of Transworld Financial Services Corporation. The trial court dismissed the cause because the Briscoes' petition failed to allege extrinsic fraud on the part of Transworld. The court of appeals reversed that judgment, holding that the Briscoes were entitled to a bill of review because they alleged that their attorney's fraudulent conduct deprived them of an opportunity to present meritorious defenses, 705 S.W.2d 288. We reverse the judgment of the court of appeals and affirm the judgment of the trial court. A bill of review is an an equitable proceeding to set aside a judgment that is no longer appealable or subject to a motion for new trial. Baker v. Goldsmith, 582 S.W.2d 404, 406 (Tex. 1979). The grounds upon which a bill of review can be obtained are narrow because the procedure conflicts with the fundamental policy that judgments must become final at some point. Alexander v. Hagedorn, 148 Tex. 565, 226 S.W.2d 996, 998, (Tex. 1950). Thus, a bill of review petitioner must ordinarily plead and prove (1) a meritorious defense to the cause of action alleged to support the judgment, (2) that he was prevented from making by the fraud, accident or wrongful act of his opponent, (3) unmixed with any fault or negligence of his own. Hagedorn, 226 S.W.2d at 998, 148 Tex. at 568-69.
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