Attack on default judgment after trial no-show successful on appeal – Midland Funding v. Rosa Gonzales (Tex.App. – Eastland Sep. 21, 2017)

When the plaintiff does not show up for trial, the case gets dismissed for want of prosecution or as it’s called in Texas – DWOPPED [pronounced “dee-whopped”]; when the Defendant does not appear, a default judgment will typically be entered, assuming the Plaintiff supports its claim with evidence, normally in the form of a business records affidavit in debt collection cases, rather than a live witness. When the no-show is by mistake, a post-judgment motion may be filed within thirty days to get the case re-opened. What does it take? A recent case opinions (see below) address the scenario where the reason for the no-show is lack of notice of the trial setting, and how that fact is established to revive the case. What's unusual here is that the challenged default judgment was entered against Midland Funding, a debt buyer, rather than for it. The default judgment was on a counterclaim asserted by the defendant in the collection actions, and…

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