[Download] "Violet Beck v. Merle A. Beck" by Supreme Court of Texas No. C-8033 " Book PDF Kindle ePub Free
eBook details
- Title: Violet Beck v. Merle A. Beck
- Author : Supreme Court of Texas No. C-8033
- Release Date : January 07, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Lloyd Doggett, Justice. Violet Beck filed a petition for bill of review seeking to set aside a divorce judgment. Following a pre-trial hearing, the
trial court dismissed the petition, holding that Violet had failed to make a prima facie showing of her meritorious defense
to the divorce action. The court of appeals, in an unpublished opinion with one justice dissenting, affirmed, although on
different grounds. The court of appeals assumed, without deciding, that Violet had made out a prima facie defense but nevertheless
affirmed the order of dismissal because it concluded that her sworn pleadings, as a matter of law, established her negligence.
We reverse the judgment of the court of appeals because it has erroneously converted the pre-trial hearing authorized by Baker
v. Goldsmith, 582 S.W.2d 404 (Tex.1979), for inquiry into the meritorious defense element of petitioner's bill of review,
into a summary judgment proceeding on all elements of Violet's bill of review.