Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of June 25, 2018.

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.

Garcia v. Ennis, No. 02-17-00282-CV (June 28, 2018) (Meier, J., joined by Pittman & Birdwell, JJ.).

Held:  The trial court erred by denying Garcia’s motion for summary judgment on her bill-of-review action.  The amendment to rule of civil procedure 107(h) eliminating the requirement that the citation be on file for ten days before the trial court grants a default judgment did not otherwise remove the requirement that the citation be on file before a default judgment is granted.  And in determining whether Ennis strictly complied with the rules of civil procedure, the trial court could not have considered a citation that was filed after the trial court had granted the default judgment.