Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of September 28, 2015.

NOTE:  Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Nussbaum v. Builders Bank, No. 02-14-00304-CV (October 1, 2015) (op. on reh'g) (Walker, J., joined by Livingston, C.J.; Sudderth, J., concurs without opinion).

Held:  Nussbaum presented summary judgment evidence that indicated that Builders Bank knew his current address but nonetheless utilized an outdated address in its Rule 239a certificate of defendant's last known address to support its default judgment. Thus, in light of the Texas Supreme Court's recent opinion in Katy Venture, Ltd. v. Cremona Bistro Corp., No. 14-0629, 2015 WL 4497983 (Tex. July 24, 2015), Nussbaum raised a fact issue as to the third bill-of-review element—that the default judgment was rendered unmixed with his own fault or negligence. Accordingly, the trial court erred in granting summary judgment for Builders Bank.