Davis v. Jefferies
| Decision Date | 15 February 1989 |
| Docket Number | No. C-8162,C-8162 |
| Parties | David B. DAVIS d/b/a Davis Motor Company, Petitioner, v. Bruce JEFFERIES d/b/a Jefferies Magic Motors, Respondent. |
| Court | Texas Supreme Court |
Michael P. O'Brien, Corpus Christi, for petitioner.
Ken Dahlberg and Wood & Burney, Corpus Christi, for respondent.
At issue in this case is the necessity of amending a defective cost or supersedeas bond. In this case a supersedeas bond was filed. Because it was filed within the time prescribed for cost bonds, and because the bond was sufficient to secure the amount of the judgment and costs, it served both to suspend execution of the judgment and to perfect an appeal. Tex.R.App.P. 47(a). The court of appeals refused to require amendment of the defective bond. 759 S.W.2d 6.
David Davis d/b/a Davis Motor Company (Davis) sued Bruce Jefferies d/b/a Jefferies Magic Motors (Jefferies) under the Deceptive Trade Practices Act for damages arising out of the sale of an automobile. Jefferies was properly served on August 31, 1987, and citation was returned on September 4, 1987. The answer date was September 21, 1987; however, no answer was filed on or before that date.
On September 22 a hearing for default judgment was requested by Davis. At 11:10 a.m. on September 23, Airborne Express Courier Service delivered to the Nueces County District Clerk's Office Jefferies' Motion to Transfer Venue and an Answer. Later that afternoon at 1:30 p.m. a no-answer default judgment was rendered against Jefferies by the trial court. The trial judge was unaware, however, that an answer had been filed with the clerk's office earlier that same day.
At a hearing in November, the trial court orally set aside the default judgment and requested Jefferies' counsel to submit an order reflecting its ruling. Jefferies' counsel failed to do so, however, and the default became a final judgment.
Jefferies then filed an appeal, a writ of error and a supersedeas bond. Davis filed a Motion to Dismiss for Want of Jurisdiction in the court of appeals, arguing that the supersedeas bond was defective because it did not indicate that the surety's attorney-in-fact was authorized to make, execute, and deliver the bond and because the bond did not recite the surety's address, as required by Tex.R.App.P. 46(a).
The court of appeals implied that the bond was defective, but held that the court nevertheless had jurisdiction over the appeal. Reasoning that the trial court erred in entering a default judgment after an answer had been filed with the clerk's office, the court of appeals reversed and remanded the cause for trial. 759 S.W.2d at 8.
A defective bond does not defeat the jurisdiction of the court of appeals. Hugo v. Seffel, 92 Tex. 414, 49 S.W. 369 (1899) (...
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Marange v. Fontenot, 1:94-CV-76.
...answer at anytime before entry of default judgment, the judgment would not have been entered. See TEX.R.CIV.PROC. 239; Davis v. Jefferies, 764 S.W.2d 559, 560 (Tex.1989). Once incarcerated, Marange made reasonable and timely lay attempts to defend himself. Under these circumstances, the cou......
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Marburger v. Seminole Pipeline Co.
...should be given an opportunity to correct it before the court of appeals may dismiss the appeal. TEX.R.APP. P. 83; Davis v. Jefferies, 764 S.W.2d 559, 560 (Tex.1989); Grand Prairie, 813 S.W.2d at 500; see Maxfield v. Terry, 888 S.W.2d 809, 811 (Tex.1994). On proper motion to dismiss the app......
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Illinois Nat. Ins. Co. v. Perez
...627 S.W.2d 390, 392 (Tex.1982); Jefferies v. Davis, 759 S.W.2d 6, 7-8 (Tex.App.--Corpus Christi 1988), writ denied per curiam, 764 S.W.2d 559 (Tex.1989); Jaramillo v. Liberty Mutual Fire Insurance Co., 694 S.W.2d 585, 587 (Tex.App.--Corpus Christi 1985, writ ref'd n.r.e.); Tex.R.App.P. 45. ......
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In Interest of E.A.W.S., No. 2-06-00031-CV (Tex. App. 12/7/2006), 2-06-00031-CV.
...date, but before the trial court renders the default judgment, it is error for the court to render a default judgment. Davis v. Jefferies, 764 S.W.2d 559, 560 (Tex. 1989); Frank v. Corbett, 682 S.W.2d 587, 588 (Tex. App.-Waco 1984, no writ) (reversing default judgment even though answer was......