Alderson v. Alderson
352 S.W.3d 875
Tex. App.2011Background
- Huber sued Alderson in 1989 on a promissory note; trial court granted summary judgment on January 11, 1990 awarding liquidated damages.
- Alderson alleges he received no notice of the motion, hearing, or judgment; notice was mailed to an incorrect address.
- Writ of execution issued January 30, 1990; abstracts of judgment filed February 12, 1990 and December 28, 1999; second writ issued January 5, 2000; both writs returned nulla bona.
- Judgment became dormant January 5, 2010; revival by scire facias granted May 2010.
- Alderson filed a bill of review alleging the judgment was void for due process violations; Huber moved for summary judgment asserting the bill was time-barred.
- The trial court granted summary judgment for Huber; Alderson appeals arguing statute of limitations, discovery, and voidness of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Bill of review timely under statute? | Alderson | Alderson | Limitation bars bill of review |
| Is the judgment void for due process collateral attack? | Alderson | Huber | Collateral attack fails; no face-void showing |
| Was discovery improperly curtailed at summary judgment stage? | Alderson | Huber | Error not preserved; discovery issue waived |
Key Cases Cited
- King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex.2003) (bill of review standards and extrinsic fraud framework)
- Wembley Inv. Co. v. Herrera, 11 S.W.3d 924 (Tex.1999) (extrinsic fraud requires purposeful deception)
- Layton v. Nationsbanc Mortg. Corp., 141 S.W.3d 760 (Tex.App.-Corpus Christi-Edinburg 2004) (limited four-year limitations period for bill of review; extrinsic fraud exception)
- Sotelo v. Scherr, 242 S.W.3d 823 (Tex.App.-El Paso 2007) (limitations bar on bill of review; no relief where timely pursuit not shown)
- Phillips v. Hopwood, 329 S.W.2d 452 (Tex.Civ. App.-Houston [1st Dist.] 1959) (deferral to fraud-based excusals and timely pursuit considerations)
- Toles v. Toles, 113 S.W.3d 899 (Tex.App.-Dallas 2003) (collateral attack limits for void judgments)
- Dispensa v. University State Bank, 987 S.W.2d 923 (Tex.App.-Houston [14th Dist.] 1999) (extrinsic fraud and due diligence in litigation)
- Hopwood, 329 S.W.2d 452 (Tex.Civ. App.-Houston [1st Dist.] 1959) (adequacy of notice and knowledge in litigation context)