Legal Opinion

Xenos Yuen v. Fisher

Texas Court of Appeals, 1st District (Houston)

Decided February 22, 2007No. 01-06-00010-CVPublishedCited by 36 opinions

1Opinion of the Court

OPINION

JANE BLAND, Justice.

Xenos Yuen appeals the trial court’s order granting a special appearance filed by appellees, Barry Fisher and his law firm, Fleishman & Fisher (collectively “Fisher”). We conclude that (1) the trial court properly set aside a default judgment entered against Fisher, after learning that Fisher had specially appeared in the case but did not receive notice of the default judgment hearing; (2) Fisher did not waive his special appearance; (3) viewing the facts in a light favorable to the trial court’s ruling, the record does not satisfy the requirements of due process…

2Cases cited34 opinions

  1. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  2. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  3. Helicopteros Nacionales De Colombia, S. A. v. HallSupreme Court of the United States · 1984
  4. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  5. Keeton v. Hustler Magazine, Inc.Supreme Court of the United States · 1984

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3Cited by36 opinions

  1. Capital Finance & Commerce AG v. Sinopec Overseas Oil & Gas, Ltd., Texas Court of Appeals, 1st District (Houston)2008
  2. Chana Horowitz v. Francis Berger, Texas Court of Appeals, 14th District (Houston)2012
  3. Choice Auto Brokers, Inc. v. Dawson, Texas Court of Appeals, 1st District (Houston)2008
  4. Benz Group, Lynx Petroleum, Ltd., Robert Samuel Braswell, IV., Fortune Jaubert Alexander, Tom Schmidt and Benz Liquidation, LLC v. Flavio MacH Barreto, Texas Court of Appeals, 1st District (Houston)2013
  5. Gray, Ritter & Graham, PC Wolf Haldenstein Adler Freeman & Herz, LLC Neblett Beard & Arsenault, LLP Don M. Downing And Adam J. Levitt v. Goldman Phipps PLLC F/K/A Goldman Pennebaker & Phipps, PC Mikal C. Watts, PC And Murray Law FirmCourt of Appeals of Texas · 2015

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